Donate and fund a relative, friend or a neighbour's higher education securely; knowing the funds will only go to their education....
TAKESAVILLAGE US, LLC
Welcome to TAKESAVILLAGE US, LLC (“TakesaVillage” or “we” or “us”). We built TakesaVillage to create a place for aspiring undergraduate and graduate students to secure funding for their education. TakesaVillage provides a place for current or aspiring students, family members, and interested parties (“You”) to interact and support the
Acceptance of Terms
Modification of Terms
We reserve the right to change or modify these Terms or any policy or guideline of the Site at any time or from time to time on a going-forward basis, and any such changes or modifications shall become effective immediately upon being posted to the Site. It is Your sole responsibility to check the Site from time to time to view any such changes or modifications to these Terms. If You do not agree to all of the changes or modifications, if and when such changes may be made to these Terms, You must cease use of the Site. Your use of the Site after any changes or modifications to the Agreement indicates that You agree to such modified Agreement.
Rules and Conduct
By accessing the Site, You hereby represent, warrant, acknowledge and agree that You:
• Are able to form a binding contract in Your jurisdiction;
• Will comply in all respects with these Terms;
• Will not copy or distribute any part of any part of the Site in any medium without TakesaVillage’s prior written authorization, which may be withheld in our sole discretion;
• Shall not change any part of the Site other than in ways that may be reasonably necessary for You to use the Site for its intended purposes;
• Shall provide accurate and complete information when creating an account;
• Are solely responsible for the activity that occurs while signed in to or while using the Site;
• Shall not collect any personally identifiable information, including full names, physical addresses or e-mail addresses, except as permitted by these Terms (including, without limitation, for commercial purposes);
• Are solely responsibility for Your content submissions, including discussion posts, profile information and links, pictures, and other such content;
• Own or have the necessary licenses, rights, permissions and consent to use and authorize TakesaVillage to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across the Site;
• Grant each TakesaVillage user, whether using TakesaVillage or an application developed by us or via a third-party developer, a non-exclusive license to access Your submissions through TakesaVillage and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through TakesaVillage’s functionality or under these Terms;
• Will not submit material that is copyrighted or subject to third party proprietary rights, including, without limitation, privacy, publicity, trade secret, patent, trademark, copyright or any other intellectual or proprietary rights, unless You are the owner of such material or have the appropriate permission from the rightful
owner of such material to specifically submit such materials to TakesaVillage.
• Shall not post, upload, transmit, distribute, store, create or otherwise publish through the Site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent or otherwise objectionable (as determined in our reasonable discretion); and
• Affirm we have the right, but not the obligation, to determine whether any of Your submissions are appropriate and complies with these Terms, remove any and/or all of Your submissions, and terminate Your account with or without prior notice.
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, You may be required to register with TakesaVillage and select a password and screen name (a "username"). You shall provide TakesaVillage with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of Your TakesaVillage account. You shall not (i) select or use as a username or domain a name of another person with the intent to impersonate that person; (ii) use as a username or domain a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as a username or domain a name that is otherwise offensive, vulgar or obscene. TakesaVillage reserves the right to refuse registration of, or cancel a username and domain in our sole discretion. You are solely responsible for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of your TakesaVillage password. You shall never use another user’s account without such other user’s express permission. You will immediately notify TakesaVillage in writing of any unauthorized use of Your account, or other account related security breach of which You are aware.
Student Education Fundraising
TakesaVillage is a venue for fundraising. TakesaVillage allows certain users (“Students”) to list tuition and supplemental education costs (“Tuition”) and raise funds from other users (“Donors”, “Supporters”, or “Backers”). All funds are collected through a third party processor, which we may change at any time or from time to time in our sole discretion (the “Processor”).
You acknowledge and agree that TakesaVillage shall not be liable for Your interactions with any organizations and/or individuals found on or through the TakesaVillage service, and You hereby release and waive any and all claims, demands and/or damages You may have or assert against TakesaVillage arising from or related to any such interactions. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on TakesaVillage. TakesaVillage does not oversee the performance of students and does not monitor the completion of their course work and/or overall educational process.
TakesaVillage is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between You and such organizations and/or individuals. TakesaVillage is under no obligation to become involved in disputes between Students and Donors, or between site members and any third party. Without limiting the generality of the foregoing, in the event of a dispute, You hereby release TakesaVillage, its officers, directors, employees, agents and successors in rights from any and all claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Though TakesaVillage cannot be held liable for the actions of a Student, Students are nevertheless wholly responsible for fulfilling obligations both implied and stated in any educational listing they create. TakesaVillage reserves the right, but has no obligation, to cancel, interrupt or suspend a Student profile and refund all associated members' payments at any time for any reason. TakesaVillage reserves the right, but has no obligation, to remove a Student profiled from public listings for any reason.
TakesaVillage makes no guarantees regarding the performance or fairness of the Processor. Additionally, because of occasional failures of some credit cards, TakesaVillage cannot guarantee the full receipt of the targeted amount.
Contributions to Students are nonrefundable. Students may initiate refunds at their own discretion. TakesaVillage is not responsible for issuing refunds for funds that have been collected by Students.
Under certain circumstances TakesaVillage may, but is under no obligation to, seek the refund of Student funding if the Student misrepresents the educational need or misuses the funds. You acknowledge and agree that any and all contributions You make are between You, the Student and the Processor only, and that TakesaVillage is not responsible for contribution transactions, including without limitation any personal or payment information You provide to the Processor.
Fees and Payments
It is free to join TakesaVillage. However, we do charge fees for certain services. When You use a service that has a fee You have an opportunity to review and accept the fees that You will be charged, which we may change from time to time. Such changes shall be effective after we provide You with notice by posting notice of the changes on the Site. We may choose to temporarily change the fees of our services for promotional events (for example, free listing days) or new services, and such changes shall be effective when we post notice of the temporary promotional event or new service on the Site.
You are responsible for paying all fees and applicable taxes associated with Your use of the site. In the event a listing is removed from the Service for violating these Terms, all fees paid will be non-refundable, unless we determine, in our sole and absolute discretion, that a refund is appropriate.
It is solely Your choice to contribute to a Student. You understand that making a contribution to a Student does not give You any rights in or to that Student’s work, including without limitation any ownership, control, or distribution rights over that work, and that the Student shall be free to solicit other funding for the his or her education,enter into contracts, allocate rights, and otherwise direct his or her educational trajectory.
You further understand that nothing in this Agreement or otherwise limits TakesaVillage's right to enter into agreements or business relationships with Students. TakesaVillage does not guarantee that any Student’s fundraising goal will be met. Any perks offered to You are between You and the Student only, and TakesaVillage does not guarantee that perks will be delivered or satisfactory to You. TakesaVillage does not warrant the outcome of any particular Student’s education.
TakesaVillage makes no representations regarding the deductibility of any contribution for tax purposes. Please consult Your tax advisor for more information.
Payment processing services on TakesaVillage are provided by a vendor selected by TakesaVillage. By agreeing to that vendor’s terms or continuing to use TakesaVillage, you agree to be bound by that terms of service agreement, as the same may be modified by that vendor from time to time. As a condition of TakesaVillage enabling payment
processing services through the payment processing company selected by TakesaVillage, you agree to provide TakesaVillage with accurate and complete information about you and your business, and you authorize TakesaVillage to share it and transaction information related to your use of the payment processing services provided by WePay.
Third Party Site
The Site may permit You to link to other web sites or resources on the Internet, and other web sites or resources may contain links to the Site. When You access third party web sites, You do so at Your own risk. These other web sites are not under TakesaVillage's control, and You acknowledge and agree that TakesaVillage is not responsible or liable for the content, functions, accuracy, privacy policies, legality, appropriateness or any other aspect of such web sites or resources. We encourage You to read the terms of service and privacy statements of each and every web site You visit. The ability to access information of third parties from TakesaVillage, or links to other web sites or locations, is for Your convenience only and the inclusion of any such link does not imply endorsement by TakesaVillage or any association with the operators of any third party web site. You further acknowledge and agree that TakesaVillage shall not be responsible or liable, directly or indirectly, for, and You hereby release and waive any and all claims, demands and damages against TakesaVillage arising from or in connection with, any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, goods or services available on or through any such web site or resource.
Content and License
You agree that the Site contains content specifically provided by TakesaVillage or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Site.
TakesaVillage grants each user of the Site and/or Service a limited, worldwide, nonexclusive, non-sublicensable and non-transferable license to use, modify and reproduce the content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from TakesaVillage, which consent may be withheld in our sole discretion, or from the copyright holder identified in such content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Student Academic Records
TakesaVillage does not have access to Students’ academic records. This information is protected under the Family Educational Rights and Privacy Act (FERPA) and only certain persons are legally allowed to access this information.
Each Student using TakesaVillage is solely responsible for the content found on Student’s profile regarding that Student’s academic performance and progress.
Third Party Intellectual Property – Copyright Notifications
At TakesaVillage, we respect the intellectual property of others, and we ask You to do the same. If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify TakesaVillage's copyright agent, as set forth in the Digital Millennium Copyright Act of
1998 ("DMCA"). For Your complaint to be valid under the DMCA, You must provide the following information in writing:
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that You claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Site;
• Information reasonably sufficient to permit TakesaVillage to contact You, such as Your address, telephone number, and e-mail address;
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the TakesaVillage’s DMCA Agent.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying TakesaVillage and its affiliates that Your copyrighted material has been infringed. The preceding requirements are intended to comply with TakesaVillage's rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding Your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, TakesaVillage has adopted a policy of terminating, in appropriate circumstances and at TakesaVillage's sole discretion, members who are deemed to be repeat infringers. TakesaVillage may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Intellectual Property Rights – Students
The Site provides You with the ability upload, add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") Your videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Content”). TakesaVillage will not have any ownership rights in Your User Content, however, TakesaVillage needs the following license to perform the services made available through the Site:
You hereby grant to TakesaVillage and each user of the Site the worldwide, nonexclusive,royalty-free, perpetual, irrevocable, sublicensable and transferable license and right to (and to allow others acting on its behalf to) (i) use, host, display, perform and otherwise fully exploit the User Content including, without limitation, use, host, stream,
transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") Your User Content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text in connection with the services made available through the Site; (ii) use, stream,transmit, playback, download, display, feature, distribute, collect, and otherwise use Your User Content; and (iii) use and publish, and permit others to use and publish, the name(s),trademarks, likenesses, and personal and biographical materials of You and the members of Your group, in connection with the provision of the services made available through the Site, in all cases on Your behalf and/or in connection with the Site and TakesaVillage’s (and our successor’s and assigns’) business including, without limitation, for promoting and redistributing all or part of the Site (and derivative works thereof) and the services made available on the Site in any media formats and through any media channels including, without limitation, third party web sites.
By Submitting any User Content to the Site, You hereby represent, warrant, acknowledge and agree that:
● You are publishing that User Content, and that You may be identified publicly by Your username association with any such User Content;
● You (i) own or otherwise control all rights to all content in Your User Content, or that the content in such User Content is in the public domain, (ii) have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in Your User Content to use such content as contemplated by these Terms and to grant the license rights set forth above, (iii) have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms; and (iv) are authorized to grant all of the aforementioned rights to the User Content to TakesaVillage and all users of the Site;
● You agree to pay all royalties and other amounts owed to any person or entity due to Your Submission of any User Content to the Site;
● The use or other exploitation of such User Content by TakesaVillage and the use or other exploitation by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights of any kind; and
● You understand that TakesaVillage shall have the right, but not the obligation, to delete, edit, modify, reformat, excerpt, or translate any materials,content or information submitted by You; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that TakesaVillage will not be liable for any errors or omissions in any content; and that TakesaVillage cannot guarantee the identity of any other users with whom You may interact in the course of using the Site.
Without limiting the foregoing, to enable TakesaVillage to Host Your content pursuant to the above provisions, You hereby grant to TakesaVillage the worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display Your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the services made available through the Site.
You further acknowledge and agree that TakesaVillage does not endorse and has no control over any User Content. TakesaVillage cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by You through the Site is at Your own risk and You will be solely responsible for any damage or loss to any party resulting therefrom.
TakesaVillage may terminate Your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your membership. If You wish to terminate Your account, You may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
TakesaVillage has no special relationship with or fiduciary duty to You. You acknowledge that TakesaVillage has no control over, and no duty to take any action regarding any of the following: which users gains access to the Site; what content You access via the Site; what effects the content may have on You; how You may interpret or use the content; or what actions You may take as a result of having been exposed to the content. You release TakesaVillage from all liability for You having acquired or not acquired content through the Site. The Site may contain, or direct You to web sites containing, information that some people may find offensive or inappropriate.
TakesaVillage makes no representations concerning any content contained in or accessed through the Site, and TakesaVillage will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the services made available through the Site.
THE SITE AND THE SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TAKESAVILLAGE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE, UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TAKESAVILLAGE FURTHER DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY SERVICES MADE AVAILABLE THROUGH THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION RECEIVED FROM OR IN CONNECTION WITH THE SITE OR ANY LINKS RECEIVED THROUGH THE SITE.SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS OF USER CONTENT SHALL BE AT YOUR OWN RISK.
Electronic Communications Privacy Act Notice (18 USC § 2701-2711): TAKESAVILLAGE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE.
TakesaVillage will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on TakesaVillage’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Service.
You shall, at Your sole expense, defend, indemnify, and hold harmless TakesaVillage, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from any and all liabilities, claims, damages, judgments and expenses, including reasonable attorneys' fees, that arise from or relate to Your use or misuse of, or access to, the Site, the services or content made available through the Site, Your Submission of User Content, or otherwise from Your use of the Site, violation of these Terms, or infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity. TakesaVillage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with TakesaVillage in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL TAKESAVILLAGE, OR ITS DIRECTORS, EMPLOYEES,AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY,NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE OR THE SERVICES MADE AVAILABLE THROUGH THE SITE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY (I) LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing the Site is prohibited from territories where such Content is illegal. If You access the Site from other locations, You do so at Your own initiative and are responsible for compliance with local laws.
Severability and Non-Waiver
Questions and Contact Information
Still have questions or comments about the Site or these Terms? Send our team an e-mail to email@example.com