Thanks for considering signing up for Project Giving Kids (PGK)!  Before signing up to use PGK’s “Service” which connects kids via a fun-to-use online experience to a host of philanthropic activities that are meaningful to them and amplifies the efforts of the nonprofits/charities providing those opportunities, please be aware that users of PGK’s Services are governed by these Terms of Service (TOS).  Once you sign up for the PGK Service, you become a registered User, referred to as “PGK User(s)” in these TOS.  By using the Services, PGK Users agree to be bound by the TOS.  PGK Users who do not comply with these TOS may be removed from the Service.

Kids, please be sure you review these Terms with your parent or guardian before you begin using the website!

I. The Project Giving Kids Approach and Your Information

By using PGK’s Service, PGK Users may provide PGK with personal information.  PGK exists to connect kids ages 3 through 18 to activities provided by other nonprofit entities.  PGK may request PGK Users to provide feedback or comments about the activities the User performs.  PGK Users grant PGK the right to use PGK User feedback or comments in the delivery and improvement of the PGK Service without charge. PGK may choose not to publish all feedback or comments it receives.

PGK Users acknowledge that PGK is acting as an information publisher connecting PGK Users with nonprofit organizations that may be of interest to PGK Users. Once a PGK User connects with a nonprofit organization, PGK is not a party to any relationship between the nonprofit organization and the PGK User, and PGK is not responsible for the resulting interactions between the PGK User and the nonprofit organization.

All nonprofit organizations featured on the PGK website are routinely asked to provide up-to-date and accurate contact information and preferred procedures for contacting their organizations regarding involvement in the activities listed on the PGK website and/or any other volunteer requirements. However, PGK cannot guarantee that all information is up to date and that all required protocols and procedures for completing the nonprofits’ activities are included in the PGK website.  The PGK User assumes full responsibility for following the instructions for contacting the nonprofit organizations outlined on the PGK website and all other instructions otherwise provided by the nonprofit organizations verbally and/or in writing.  The PGK User acknowledges that PGK has no responsibility for any actions that may occur between PGK Users and the nonprofit organizations appearing on the PGK website.

For more details on how PGK approaches PGK User information, see our Privacy Policy.

II. Your Responsibilities/Acceptable Use Policy

By using PGK’s Services, PGK Users agree that he, she or they:

 * Is/are between the ages of 3 to 18 or the parent(s) or guardian(s) of the PGK User aged 3 to 18, or an adult over the age of 18 who has been using the Service since they were a child between 3 and 18 years of age.

* Will use the PGK Service honestly and fairly and will not to use the Service in a manner that is fraudulent (e.g., creating fake user profiles) or in a manner that violates another person’s or entity’s legal rights.

* Will only use the Service as it was designed to be used.  Any other use of the Service is not allowed.  Any misuse of the Service may result in the PGK User being removed from the Service.

* Will report all service-related activity completed in an accurate and true fashion by providing fair, honest and appropriate feedback on his, her or their experiences. PGK reserves the right to determine what content and/or feedback will be published, if any; modify the feedback, as appropriate; and/or remove feedback or inappropriate content provided in the feedback.

* Will use appropriate language in any username, comment, or other content on the Service.

* Will keep his, her, or their information and contact information up to date and maintained for notification purposes.

* Will be responsible for protecting his, her or their account information by not disclosing his, her or their PGK User passwords to someone other than their parent or guardian.

* Will notify PGK if someone other than the PGK User has access to his, her, or their PGK User account.

Understands that PGK cannot guarantee that all information shared through the Internet is secure and encrypted.  PGK Users who want to make sure their communication and transmission of information is secure must connect through a secure (encrypted) connection.  PGK Users are aware that using a public wi-fi connection, for example, is often not secure.
 

III. PGK Licenses

Some of software used to access the Service or the Service itself may be protected by licensing agreements, trademarks, copyrights, or other PGK intellectual property.  PGK grants PGK Users a limited license to access and use the Service.  This license is non exclusive, non transferable, and revocable.  Any portion of the service or access to the service that is protected by a license agreement, trademark, copyright, or other PGK intellectual property may not be reverse engineered or decompiled, either by a PGK User or by someone helping a PGK User.  Any violation of this provision will cause PGK to revoke the PGK User’s license. 

PGK’s trademarks, logos, domain names, and other brand features may not be used by PGK Users.

All PGK’s rights not expressly granted by this provision are reserved.

IV. PGK’s Right to Terminate

PGK reserves the right to stop providing the Service at anytime, for any reason, with or without notice.  PGK’s goal is to continue the Service as long as possible.  PGK Users may leave the Service at anytime.  PGK may terminate the PGK User’s access to or use of the Service at any time based on a violation of these TOS.

V. Modification of Terms of Service

PGK’s TOS may be modified from time to time.  Changes will be announced on the login page.  By continuing to use the Service, PGK Users agree to be bound by the terms of the amended TOS.

VI. PGK’S Legal Notices & Disclaimers

A.    Disclaimers

PGK’s goal is to provide a useful Service.  To help accomplish this goal, PGK provides links to other third party websites to provide its Service.  By linking to those websites, PGK does not imply that it endorses or sponsors those websites, or the information provided or contained on those websites.  PGK has no control over those third party websites or the content provided on or through those websites.

PGK makes no promises as to the performance of the Service or the third party websites and offers the Service and any Software “AS IS,” meaning that PGK Users use the Service or any third party website AT THE PGK USER’S OWN RISK.  PGK provides NO WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR CHARACTER AS TO ITS SERVICE OR ANY THIRD PARTY WEBSITE.  PGK EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND ANY OTHER WARRANTIES, EXPRESSLY WRITTEN OR IMPLIED, AS TO ITS SERVICE OR ANY THIRD PARTY WEBSITE. 

These disclaimers are meant to catch the PGK User’s attention, which is why they are written with capital letters.

B.     Limitations of Liability

PGK is not liable for any loss of information provided to the Service.  PGK assumes no liability for the comments or feedback provided by PGK Users or other users of the Service, as PGK does not claim ownership of the comments or feedback provided.  PGK is not responsible for any offensive or illegal conduct of any PGK User, including defamation.  If the PGK User is not satisfied with, or has a concern about, the Service, the PGK website, any comments found on the PGK website, or any third party website, the PGK User is free to stop using the Service.  Please address any concerns about the Service, the PGK website, or any third party website to admin@projectgivingkids.org.  

PGK has no responsibility for data loss, harm to any user’s (either a PGK User or another user browsing the website) computer system, or other harm or loss that may occur as a result of accessing or using the Service, or the inability to access or use the Service.  This limitation applies to any damages resulting from any circumstance and applies to direct, indirect, consequential, incidental, or special damages.

These TOS will be governed by the laws of the Commonwealth of Massachusetts.  These TOS represent the complete agreement between PGK and the PGK User regarding the Service and replace any other agreements or terms applicable to the Service.  There are no third party beneficiaries to this TOS.  PGK is under no obligation to enforce the TOS and does not waive its right to do so in the appropriate situation. 

The parties agree to attempt to resolve any dispute regarding these TOS by mediation before either party can bring suit.  The terms of the dispute resolution will be governed by the laws of the Commonwealth of Massachusetts.

The provisions of these TOS are severable, meaning that if one provision is not enforceable, the remaining enforceable provisions apply and the overall intent of the agreement will govern what an enforceable term would have meant.  PGK Users may not assign any rights granted by the TOS.  PGK reserves its right to assign its rights.