Terms of Service

Definitions

A few definitions, so we’re on the same page:

• “GivingPrints,” “we,” “us,” or “our” means GivingPrints Co.
• “You” or “your” means you, the visitor or customer using our site.
• “Site” means the givingprints.com website and related services.
• “Products” means the cards and other items we produce for you.
• “Pledge” means Pledgeling Technologies, Inc. and the Pledgeling Foundation (EIN: 46-2440594), the charitable-giving platform we use to distribute our giving (see Section 9).
• “Send for me” means our optional mailing service: instead of shipping your cards to you, we address, stuff, seal, stamp and mail each card directly to the recipients you give us.
• “Recipients” means the people you ask us to mail your cards to, and whose names and addresses you provide.

1Eligibility and Your Account

You must be at least 18 years old (or the age of majority where you live) to make a purchase or create an account. Our Site is not directed to children under 13, and we do not knowingly collect their information.

You can create an account with an email and password or by signing in through Google, Apple or Microsoft. You’re responsible for keeping your login credentials secure and for everything that happens under your account. Let us know right away if you think someone has used your account without permission. We may suspend or close an account that violates these Terms.

When you make a purchase, you’ll provide payment and other information. You confirm that you have the legal right to use the payment method you provide, and you agree to pay all charges that result from your orders.

2Acceptable Use and Prohibited Content

You may use our Site and tools to create Products for your own personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, resell, frame, reverse-engineer, or otherwise exploit any part of our Site or Products for commercial purposes, or to use the Site for anything other than placing orders.

The GivingPrints Intent. GivingPrints exists to spread good will and raise money and awareness for charitable causes (our “Intent”). Actions by customers that work against that Intent may lead us to cancel orders or limit access to our service. We are the final judge of what conflicts with our Intent.

Prohibited Content.

You agree not to upload or submit content that:

• infringes someone else’s copyright or other rights without permission;
• contains adult nudity or any inappropriate imagery of children;
• contains obscene or inappropriate language;
• supports or promotes intolerance or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; hate; terrorism; violence; money laundering; or other illegal, deceptive, or misleading activity;
• defames GivingPrints or any organization we support; or
• a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.

3Your Content and the License You Give Us

You keep ownership of the photos, text, and other content you upload to design your Products (“Your Content”).

To make and ship your order, you grant us a limited, non-exclusive license to use, store, reproduce, resize, adjust, and print Your Content — solely to fulfill your order and provide our service. We process your photos only to produce your order (for example, resizing and preparing them for print). We do not use facial recognition and we do not collect biometric identifiers from your photos.

You represent and warrant that you own or have all rights necessary to use Your Content, including the right to use the likeness of any person shown in it, and that you have any needed consent for images of children. You’re responsible for the content you upload.

4Our Intellectual Property

The Site, our software, code, designs, templates, and the GivingPrints name and logo are owned by GivingPrints Co or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to use the Site to design and order Products. We reserve all rights not expressly granted.

If you send us feedback, ideas, or suggestions, you grant us a royalty-free, perpetual, worldwide license to use them without any obligation to you.

5Ordering, Proofs, and Cancellation

Reviewing your digital proof is your responsibility. Any error visible in the proof will also appear in your printed cards, and an error you approved in the proof will not be eligible for a refund.

Once you confirm your order, it is queued for printing right away, and you cannot cancel it. You are financially responsible for any order you confirm.

6Pricing, Payment, and Taxes

Prices are shown on the Site and may change at any time. If a Product is listed at an incorrect price because of a typo or system error, we may cancel the order and refund any amount charged, even after you’ve ordered.

We use Stripe to process payments, and your payment is charged when you confirm your order. Applicable sales tax is calculated and collected at checkout. By submitting an order, you authorize us (through Stripe) to charge your payment method for the total shown.

If you choose Send for me, your receipt shows two separate lines: our mailing service fee, and US postage. The postage line is the exact amount the Postal Service charges for the stamp on each card — its face value, with nothing added. We collect it as your agent and pay it to the Postal Service on your behalf; we keep none of it. Because postage is a separate, at-cost line rather than part of the price of the cards, some states tax it differently from the service fee, and we apply each state’s treatment at checkout. If postage rates change, the postage line moves with them.

7Shipping, Mailing, Delivery, and Risk of Loss

Delivery dates are estimates, not guarantees. Once we hand your order to the carrier — a shipping carrier for orders that come to you, or the Postal Service for cards we mail on your behalf — the risk of loss passes to you. You’re responsible for providing correct, complete addresses, both your own shipping address and any Recipient addresses you give us. We can’t refund orders that are delayed or misdelivered because of an address error.

Address checks. When you give us a Recipient address — in your address book or on an order — you assign to GivingPrints, for as long as we hold it, ownership of that address data for one purpose only: checking and correcting it against United States Postal Service records (including the National Change of Address database) so your cards can be delivered. We use it for nothing else and never sell it or share it for marketing. The address stays yours to edit or delete, and our Privacy Policy names the services that perform these checks.

Send for me cards go out as individual First-Class mail, which does not carry tracking. We can tell you the day your cards went into the mail, and we will — but after that, neither we nor the Postal Service can trace an individual card the way a shipped package can be traced.

8Refunds

Because our Products are custom-made for you, all sales are final. That said, we take pride in our quality, and if there’s a problem with your order that’s our fault, we’ll make it right — handled case by case, at our discretion.

To report a problem, contact us through givingprints.com within 7 days of the day your shipment is delivered — or, if we mailed your cards for you, within 7 days of the day we put them in the mail, which we’ll email you. We will not refund situations such as:

• you entered inaccurate information (including typos or spelling mistakes);
• the error was visible in the proof and you approved it anyway; or
• you used a photo we advised against, and used it anyway.

Nothing here limits any non-waivable rights you may have under the law where you live.

9How Charitable Giving Works

We are a for-profit company, and your purchase is not a tax-deductible donation. GivingPrints Co is a commercial business that makes charitable contributions from its own profits. You are buying a Product. You cannot claim any part of your purchase price as a charitable tax deduction — the contribution is made by GivingPrints, not by you. GivingPrints is not affiliated with, endorsed by, or sponsored by the nonprofits we support, and your selecting a nonprofit does not create any relationship between you and that nonprofit.

Qualifying Purchases. A “Qualifying Purchase” is an order in which you (i) buy a Product, (ii) select an eligible nonprofit to benefit, and (iii) pay for and receive the order. Orders that are canceled or fully refunded before we have made our contribution for them are not Qualifying Purchases.

Eligible nonprofits. Eligible nonprofits are organizations in good standing that are supported through our giving partner, Pledge. This includes U.S. 501(c)(3) organizations and international nonprofits that Pledge distributes funds to through its international partners (for example, Canadian nonprofits supported via CanadaHelps). Pledge screens organizations for good standing with the IRS or their home regulator; we rely on that screening and do not independently verify each nonprofit, and we are not responsible for how a nonprofit uses funds.

Our giving commitment. GivingPrints gives to Pledge an amount equal to 50% of its after-tax profit from Qualifying Purchases. We determine that amount for each fiscal quarter and fund it as described below. Our fiscal year ends July 31, so our quarters run August through October, November through January, February through April, and May through July.

What “merchandise revenue” means. It is what you pay for the cards themselves and the optional services we add to them — envelope addressing, and the Send for me mailing service fee — after any discounts, and net of refunds. It does not include sales tax, shipping, or the US postage on a Send for me order. Postage is money we collect and hand to the Postal Service on your behalf rather than revenue we keep (Section 6), so it is not part of what we calculate our giving from.

What “after-tax profit” means. We pay applicable taxes first, and calculate the 50% from what remains. “After-tax profit” means our profit from Qualifying Purchases after the ordinary costs of running the business — including production and printing, operating expenses such as staff compensation, and taxes — determined under our standard accounting methodology, applied consistently from quarter to quarter and reviewed by our accountant. We commit to a consistent, good-faith method rather than a fixed line-by-line formula, so we can account for normal variations in cost, and we apply it the same way across all orders.

How we calculate and allocate. We finalize the giving amount based on our quarterly accounting and allocate it among the nonprofits our customers selected, pro rata, by the merchandise revenue of the orders that selected each one.

How and when we fund the giving. After the end of each fiscal quarter, once our accounting is final, we send that quarter’s contribution to Pledge. Pledge disburses accumulated contributions to nonprofits on a monthly cycle, and most nonprofits receive the funds by the 10th of the following month. We cover the processing fees our giving partner charges, so the full amount of our contribution reaches the nonprofits rather than being reduced by those fees. The Pledgeling Foundation (EIN 46-2440594) — a registered 501(c)(3) public charity and the “platform charity” that holds and distributes the funds — then distributes them to the selected nonprofits. Because the Foundation is the recipient with legal control over the funds, your nonprofit selection is a recommendation that we pass along, and final distribution timing and mechanics are handled by Pledge and the Foundation under their own terms. You can read Pledge’s terms and required disclosures at pledge.to/terms and pledge.to/disclosures.

Contributions we send early. We may also, at our sole discretion, send Pledge part of what we expect a quarter’s contribution to be before that quarter closes. Sending early is a choice we make to support nonprofits who we know need funds more urgently around the holidays, and doing it once does not commit us to doing it again.

If a nonprofit becomes ineligible or can’t be reached. Nonprofits form and change status constantly. If a selected nonprofit loses its tax-exempt status, closes, falls out of good standing, or can’t receive funds, the contribution intended for it may be redirected — by us or by the Foundation — to another eligible organization, generally one with a similar mission or in the same area. The original organization forfeits any claim to those funds.

10Our Right to Review and Cancel Orders

While we print and fulfill your order, people on our team and at our production partners may see it. All employees and contractors are bound by confidentiality agreements and may not discuss the specifics of any order. However, if you upload prohibited material or evidence of illegal activity, we may cancel your order and, where appropriate, contact law enforcement.

11Indemnity

You agree to indemnify and hold harmless GivingPrints Co and its affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys’ fees, arising out of your use of our Site, your violation of these Terms, or your violation of any rights of another person or entity.

12Modifications to Our Service

We may modify or discontinue our Site, services, or Products, temporarily or permanently, with or without notice, at any time.

13Disclaimers

EXCEPT FOR ANY EXPRESS WARRANTIES IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS IN THEM, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND CONTRACTORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

14Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THESE TERMS, THE SITE, OR THE PRODUCTS WE PRODUCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

15Copyright and Intellectual Property Complaints (DMCA)

We respect the intellectual property rights of others and ask you to do the same. You are responsible for ensuring that any photos, images, text, artwork, or other content you upload, submit, or incorporate into a Product does not infringe anyone else’s copyright, trademark, or other rights. You represent and warrant that you own or have all rights necessary to use the content you provide.

Reporting alleged infringement.

If you believe content on our Site or in a Product infringes your copyright, you may send a written notice to our designated agent under the Digital Millennium Copyright Act (“DMCA”):

Copyright Agent, GivingPrints Co
3200 West End Ave, Suite 500, Nashville, TN 37203
dmca@givingprints.com

To be effective, your notice must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to allow us to locate it; (iv) your name, mailing address, telephone number, and email address; (v) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be liable for damages.

Removal and notice to the user.

When we receive a notice that substantially complies with these requirements, we will promptly remove or disable access to the material in question and will take reasonable steps to notify the customer who provided it that we have done so.

Counter-notification.

If you are a customer whose content was removed and you believe the removal was the result of a mistake or misidentification, you may send a written counter-notification to our designated agent at the address above. Your counter-notification must include: (i) your physical or electronic signature; (ii) identification of the material that was removed and the location at which it appeared before it was removed; (iii) a statement, made under penalty of perjury, that you have a good-faith belief that the material was removed as a result of mistake or misidentification; and (iv) your name, mailing address, and telephone number, along with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, the district in which GivingPrints may be found), and that you will accept service of process from the person who provided the original notice or that person’s agent. If we receive a valid counter-notification, we may restore the removed material in not less than ten (10) and not more than fourteen (14) business days after receipt, unless our designated agent first receives notice that the original complaining party has filed a court action seeking to restrain the allegedly infringing activity.

Repeat-infringer policy.

It is our policy, in appropriate circumstances and at our discretion, to disable and terminate the accounts of users who are determined to be repeat infringers. We may also limit access to the Site and remove any content for users who infringe the intellectual property rights of others, whether or not there is any repeat infringement. We maintain a record of takedown notices and may count a customer’s repeated receipt of valid notices toward a determination that the customer is a repeat infringer.

Other complaints.

To report any other violation of these Terms, please contact us at info@givingprints.com.

16Dispute Resolution and Arbitration

Let’s try to resolve it first. If you have a dispute, please contact us at info@givingprints.com and give us 30 days to try to resolve it informally before starting a formal proceeding.

Arbitration. If we can’t resolve it, any dispute relating to these Terms or your use of our Site will be resolved by binding arbitration rather than in court, except that either of us may bring qualifying claims in small claims court. The Federal Arbitration Act and the laws of the State of Tennessee govern these Terms and any dispute. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org or 1-800-778-7879, and the location and format of any hearing will be governed by those rules so that you are not required to travel an unreasonable distance. Consistent with the AAA’s Consumer Rules, we will pay the arbitration fees we’re responsible for, though we may seek reimbursement if the arbitrator finds a claim frivolous.

Your right to opt out. You may opt out of this arbitration agreement by emailing info@givingprints.com within 30 days of first accepting these Terms. Opting out won’t affect any other part of these Terms.

No class actions. We each agree that disputes will be brought only in an individual capacity, not as part of a class, consolidated, or representative action, and we each waive any right to a jury trial. Either of us may still ask a court to stop the actual or alleged infringement or misuse of intellectual property.

17Changes to These Terms

We may update these Terms from time to time. When we do, we’ll post the updated version here and change the “Last updated” date, and for significant changes we’ll provide a more prominent notice. By continuing to use the Site after changes are posted, you accept the updated Terms.

18Force Majeure

We are not responsible for delays or failures to perform caused by events beyond our reasonable control, including supply shortages, carrier or production delays, labor issues, outages, or natural disasters.

19General

These Terms and our Privacy Policy are the entire agreement between you and GivingPrints Co regarding the Site and your orders, and they replace any prior understandings. You may not assign these Terms without our written consent; we may assign them freely. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You agree we may communicate with you electronically, and that electronic agreements and notices satisfy any requirement that they be in writing. Some services, promotions, or features may carry additional terms, which become part of these Terms when you use them. Words like “include” and “for example” mean “without limitation.”

Questions about these Terms? Email us at info@givingprints.com.

© GivingPrints Co