ZGIVE Terms and Conditions
DESCRIPTION OF SERVICE
ZGIVE LLC (ZGIVE)
Provides a mobile and web-based application whose primary components are
Virtual and Live Auction, Online and Social Media Donation Link, Text-to-Give (T2G),
Text-to-Engage (T2E) and custom QR Code generation ("Technology"). The Virtual
and Live Auction is used for participants to bid on items during an auction, the
Online Donation Landing Page is used for donors to give on your website, the T2G
component is used for donors to give via a web-based mobile app, the T2E
component is primarily used to manage and send SMS texts for mobile marketing
campaigns and donor engagement communications and the custom QR Code
generation is to offer donors the ability to give by scanning a QR Code ("Service"). It
is agreed that any new features, upgrades or future versions are subject to this
agreement. It is also agreed that ZGIVE assumes no responsibility for the deletion,
timeliness, mis-delivery or failure to store any user communications or customized
MEMBER CONDUCT AND GUARANTEES
You understand that all information, data, text, software, music, sound, photographs,
graphics, audio, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not ZGIVE, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise make
available via the Service. ZGIVE does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will ZGIVE be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
ZGIVE and any of its affiliates are solely a facilitator of the message traffic and has no
visibility into or control over individual Messages as they are transmitted through
ZGIVE and has no responsibility or liability with respect to the content of any
individual Message. Except that ZGIVE may use programmatic means to filter (prescreen)
your messages and block your campaigns or account due to message
keywords that ZGIVE has determined, in its sole description, may violate an
applicable, rule, regulation, or law.
In addition, you agree to not use the Service to:
1. Upload, post, text message, email, transmit or otherwise make available any illegal
contests or gambling, unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form
2. Upload, post, text message, email, transmit or otherwise make available any adult
Content or Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable, or that you do not have a right to
make available under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements, or which
violates the intellectual property rights of a third party ("Rights");
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
4. Upload, post, text message, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any mobile
telephone, mobile device, computer software or hardware or telecommunications
5. "Stalk" or otherwise harass another; and/or
6. Use any equipment or software that has the capacity to store or produce
telephone numbers to be called, using a random or sequential number generator, in
conjunction with your use of the Services;
7. Use any equipment or software that has the capacity to initiate messages without
human intervention, in conjunction with your use of the Services;
8. Send any calls to life-line services, such as hospitals, fire, police, 911 or utilityrelated
9. Use strings of numbers as it is unlawful to engage two or more lines of a multi-line
10. Harvesting, or otherwise collecting information about others, without their
11. Misleading others as to the identity of the sender of your messages, by creating a
false identity, impersonating the identity of someone/something else or by
providing contact details at do not belong to you;
12. Transmitting, associating or publishing any unlawful, racist, harassing, libelous,
abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic
or otherwise objectionable material of any kind;
13. Transmitting any material that may infringe upon the intellectual property
rights of third parties including trademarks, copyrights or other rights of publicity;
14. Transmitting any material that contains viruses, trojan horses, worms, time
bombs, cancel-bots or y other harmful/deleterious programs;
15. Interfering with, or disrupting, networks connected to the Services or violating
the regulations, policies or procedures of such networks;
16. Attempting to gain unauthorized access to the Services, other accounts,
computer systems or networks connected to the Services, through password mining
or any other means;
17. Abusing the fair use policy with regard to unlimited keywords-that is,
registering many keywords without using them for weeks or months, as is
determined to be abuse in the sole discretion of ZGIVE;
18. Interfering with another's use and enjoyment of the Services or ZGIVE
19. Engaging in any other activity that ZGIVE believes could subject it to criminal
liability or civil penalty/judgment.
You acknowledge that ZGIVE or its affiliates may or may not pre-screen Content, but
that ZGIVE or its affiliates and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing, ZGIVE and its designees
shall have the right to remove any Content that violates this Agreement or is
You acknowledge, consent and agree that ZGIVE may access, preserve, and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a)
comply with any subpoena or other legal process; (b) enforce this Agreement; (c)
respond to claims that any Content violates the rights of third-parties; (d) respond
to your requests for customer service; or (e) protect the rights, property, or
personal safety of ZGIVE, its users and the public.
The baseline for best practices of any text marketing campaign is to follow the
rules put out under the TCPA: https://www.fcc.gov/sites/default/files/tcparules.
These laws were put in place to protect consumers from receiving spam and you
agree to follow these guidelines, including, but not limited to:
• Receive consent before any message can be sent
• Mention your company name
• Disclose possible carrier costs and fees
• Disclose estimated frequency of texts
• Give an option to ask for help and opt out of future texts
Here is an example of a opt in/out language (note that we are not attorneys and this
message is for guideline purposes only - please consult with your own attorney)
Please reply YES to receive updates from Example Company. Frequency will not
exceed one SMS per week. Std. msg&data rates apply. Reply HELP for help, STOP to
**Violations of TCPA requirements may result in a fine of $500 per SMS sent**
You guarantee that the subscribers in your account have granted you express
consent to send them messages of the type that you intend to send them. If for any
reason ZGIVE suspects that the subscribers have not given you express consent, it
reserves the right to request a written explanation from you, the client, including
the method of collecting the subscriber's phone numbers and a guarantee signed by
you that all the people on your subscriber list agreed to receive text messages from
you of the type that you had sent. ZGIVE reserves the right to take any action it
thinks appropriate in the case of non-compliance, including but not limited to
cancellation of the account.
You agree that you will include clear opt-out/unsubscribe information on your
messages when required to do so by any applicable law or regulation and otherwise
adhere to the Consumer Best Practices Guidelines promulgated by the Mobile
Marketing Association, if applicable to your messages.
You agree to familiarize yourself with and abide by all applicable local, state,
national and international laws and regulations and are solely responsible for all
acts or omissions that occur under your account, including without limitation the
content of the messages that you create and initiate through the ZGIVE Services.
Without limiting the foregoing, you agree to familiarize yourself with the legalities
of any messages transmitted through the ZGIVE
Services by visiting the following websites:
- Federal Communications
You shall use ZGIVE's service in compliance with all governing laws, regulations, and
You shall schedule your messages responsibly and in a manner that is courteous to
the recipients pursuant to local, state, national, and international calling time rules
and regulations. You are solely responsible for obtaining any rights or licenses to
any data, including without limitation sound files, pictures or videos for inclusion in
any outbound messages. If you are unfamiliar or unclear on the legalities of any
message that you intend to initiate through the Services, you must consult with your
attorney prior to your use of the ZGIVE technology or Services.
You guarantee that you have all power and authority and have procured all rights
and licenses necessary to use and text enable those Phone Numbers utilized for
ZGIVE services without the consent of any third party. In the case of shared use
Phone Numbers, you expressly represent that you are the Phone Number Owner.
Registration Data and certain other information about you are subject to our Privacy
http://www.ZGIVE.com/privacy. You understand that through your use of the
this information, including the transfer of this information to the United States
and/or other countries for storage, processing, and use by ZGIVE and its affiliates.
ZGIVE may reasonably use your name and logo for its investor relations and
If you use this Service, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account or
password. You may not assign or otherwise transfer your account to any other
person or entity. You acknowledge that ZGIVE is not responsible for third party
access to your account that results from theft or misappropriation of your account.
ZGIVE and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
ZGIVE does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant to ZGIVE
the following worldwide, royalty-free and non-exclusive license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on the
Service and elsewhere for the purpose for which such Content was submitted or
made available and also for the purpose of providing and promoting the Service to
which such Content was submitted or made available.
You agree to indemnify, defend and hold harmless ZGIVE, its subsidiaries, affiliates,
officers, directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorney's fees) relating to or arising
out of your use of or inability to use the technology or services, any user postings
made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations,
content you submit, post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation of this Agreement, your
violation of any rights of another, or your violation of any law. This includes, but is
not limited to, violations of TCPA compliance that may result in fine(s). In addition,
if the software was used per the permission of the organization, but if not by a
celebrity or athlete that was represented or connected to a fundraising or auction
event, you will indemnify ZGIVE of any realized or punitive damages. ZGIVE
reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will
fully cooperate with ZGIVE in asserting any available defenses.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ZGIVE may establish general practices and limits concerning
use of the Service but that ZGIVE has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service.
MODIFICATIONS TO SERVICE
ZGIVE reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that ZGIVE shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
CONFIDENTIALITY AND NON-SOLICITATION
The parties recognize that user will have access to trade secrets and proprietary
information of ZGIVE, its proprietary technologies and www.ZGIVE.com. For a
period of five years, user agrees that it is prohibited to share, transmit, reveal or
otherwise show, either verbally or in writing, such non-public information to any
other person, party, competitor or organization without the express written consent
of a ZGIVE director or executive. During the term of this agreement and thereafter,
user promises not to disclose or use or induce or assist in the disclosure or use any
of the above information except for the benefit of ZGIVE. User also agrees that it is
prohibited to solicit any employee, contractor, affiliate or client of ZGIVE to hire as
employee or contractor or do business or to reduce the amount of business with
ZGIVE. If ZGIVE would be materially damaged due to a confidentiality or employee
solicitation breach, ZGIVE retains the right to sue for actual and punitive damages.
ZGIVE'S PROPRIETARY RIGHTS
Title, ownership rights and all intellectual property rights in and to the Services
shall remain the sole and exclusive property of ZGIVE. ZGIVE retains all rights not
expressly granted to you in this Agreement. You are prohibited from attempting, or
knowingly permitting or encouraging others to attempt, to reverse engineer,
decompile, disassemble, or otherwise attempt to determine source code or
protocols from the Services except and only to the extent permissible by applicable
law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purpose, any portion of the Service (including
your ZGIVE I.D., account, account designation, password and other ZGIVE
information), use of the Service, or access to the Service. DISCLAIMER OF
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZGIVE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. ZGIVE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET
WILL BE AVAILABLE AND WILL PERFORM.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM ZGIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, TECHNOLOGY AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. ZGIVE AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ZGIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. ZGIVE AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ZGIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZGIVE OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
In the event the parties are not able to resolve any dispute between them arising out
of or concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any other relief, then
such dispute shall be resolved only by final and binding arbitration pursuant to the
Federal Arbitration Act, conducted by a single neutral arbitrator and administered
by the American Arbitration Association, or a similar arbitration service selected by
the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration
arises out of or concerns these Terms and Conditions, the prevailing party shall be
entitled to recover its costs and reasonable attorney's fees. The parties agree to
arbitrate all disputes and claims in regards to these Terms and Conditions or any
disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The
parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and
enforceability of this arbitration provision shall be determined by the Arbitrator.
This arbitration provision shall survive the termination of these Terms and
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual
basis; class arbitrations and class/representative/collective actions are not
permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY
GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ZGIVE agree
otherwise, the arbitrator may not consolidate more than one person's claims, and
may not otherwise preside over any form of a representative or class proceeding.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
The trademarks, service marks, logos and product and service names of ZGIVE are
trademarks of ZGIVE LLC. You agree not to display or use in any manner, the ZGIVE
Marks without ZGIVE' express prior written consent.
WAIVER AND SEVERABILITY OF TERMS
The failure of ZGIVE to exercise or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of this Agreement
remain in full force and effect.
VARIATION OF TERMS
ZGIVE is permitted to revise these Terms at any time as it sees fit, and by using this
Service, you are expected to review such Terms on a regular basis to ensure you
understand all terms and conditions governing use of this Website.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT ZGIVE respects the intellectual
property of others, and we ask our users to do the same. ZGIVE may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts of users
who may be repeat infringers. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide the following information to ZGIVE
1. An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. A description of where the material that you claim is infringing is located on the
4. your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
Notice of claims of copyright or other intellectual property infringement should be
addressed to: Scott Roseveare ZGIVE LLC 3941 Park Dr. Ste 20545 El Dorado Hills,
CA 95762. You may also email us: INFO@ZGIVE.COM.
ZGIVE shall be permitted to assign, transfer, and subcontract its rights and/or
obligations under these Terms without any notification or consent required.
However, you shall not be permitted to assign, transfer, or subcontract any of your
rights and/or obligations under these Terms.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and
use Technology and Service, including www.ZGIVE.com strictly in accordance with
warrant to ZGIVE that you will not use the Technology or Service for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Technology or
Service or interfere with any other party's use and enjoyment of the Site. You may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Technology or Service.
All content included as part of the Service, such as text, graphics, logos, images, as
well as the compilation thereof, and any software used on the Site, is the property of
ZGIVE or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in
any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer
or sale, create derivative works, or in any way exploit any of the content, in whole or
in part, found on the Technology or Service. ZGIVE content is not for resale. Your use
of the Technology or Service does not entitle you to make any unauthorized use of
any protected content, and in particular you will not delete or alter any proprietary
rights or attribution notices in any content. You will use protected content solely for
your personal use and will make no other use of the content without the express
written permission of ZGIVE and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of ZGIVE or our licensors
except as expressly authorized by these Terms.
THIRD PARTY ACCOUNTS
You may be able to connect your ZGIVE account to third party accounts. By
connecting your ZGIVE account to your third-party account, you acknowledge and
agree that you are consenting to the continuous release of information about you to
others (in accordance with your privacy settings on those third-party sites). If you
do not want information about you to be shared in this manner, do not use this
The Service is controlled, operated and administered by ZGIVE from our offices
within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the
ZGIVE Content accessed through www.ZGIVE.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
ZGIVE reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the
State of California and you hereby consent to the exclusive jurisdiction and venue of
courts in California in all disputes arising out of or relating to the use of the Site. Use
of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and ZGIVE as a result of this agreement or use of the Service.
ZGIVE's performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of ZGIVE's right to comply
with governmental, court and law enforcement requests or requirements relating to
your use of the Site or information provided to or gathered by ZGIVE with respect to
such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
These Terms, including any legal notices and disclaimers contained in this
agreement, constitute the entire agreement between ZGIVE and you in relation to
your use of this Service, and supersede all prior agreements (except for additional
terms as defined in 'End User Licensing Agreement') and understandings with
respect to the same.
ZGIVE welcomes your questions or comments regarding the Terms and Conditions:
3941 PARK DR STE #20545
EL DORADO HILLS, California 95762
Telephone number: 916-294-7758
Effective as of June 25th, 2021
ZGIVE LLC ("us", "we", or "our") operates the www.ZGIVE.com website and the ZGIVE Digital Auction Platform and ZGIVE Fundraising Platform, which includes, but is not limited to, our Digital Auction Platform, Fund-a-Need, streaming, text-to-give, online donation buttons and text-to-engage technologies (hereinafter referred to as the "Service").
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service means the www.ZGIVE.com website and the ZGIVE Digital Auction Platform and ZGIVE Donation Platform operated by ZGIVE LLC
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected:
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
By providing Personal Information on the site during the donation
process, we, or any of our affiliates or clients, may use your Personal
Data to contact you with newsletters, marketing or promotional
materials and other information that may be of interest to you via
email, mail, SMS, MMS, text, social media or by other electronic and
physical means. You may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or
instructions provided in any email we send or by contacting us. You
may also be registered on a physical mailing list. You may unsubscribe
from ZGIVE’S mailing list of us or any of our affiliates or clients at any
We may also collect information that your browser sends whenever you
visit our Service or when you access the Service by or through a mobile
device ("Usage Data").
This Usage Data may include information such as your computer's
Internet Protocol address (e.g. IP address), browser type, browser
version, the pages of our Service that you visit, the time and date of
your visit, the time spent on those pages, unique device identifiers and
other diagnostic data.
When you access the Service with a mobile device, this Usage Data
may include information such as the type of mobile device you use,
your mobile device unique ID, the IP address of your mobile device,
your mobile operating system, the type of mobile Internet browser you
use, unique device identifiers and other diagnostic data.
Unfortunately, no transmitted data is 100% secure through email, text
or mail. ZGIVE ca not ensure or warrant that Personal Information will
be completely secure from misappropriation by hackers or other
criminal activities. Or in the event of a software, network or computer
hardware failure or malfunction. If a data breach occurs, we will notify
you immediately and take reasonable steps to secure the affected area
and rectify the situation.
We may use and store information about your location if you give us
permission to do so ("Location Data"). We use this data to provide
features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at
any time by way of your device settings.
Tracking and Cookies Data
on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an
anonymous unique identifier. Cookies are sent to your browser from a
website and stored on your device. Other tracking technologies are also
used such as beacons, tags and scripts to collect and track information
and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a
cookie is being sent. However, if you do not accept cookies, you may
not be able to use some portions of our Service.
Examples of Cookies we use:
• Session Cookies: We use Session Cookies to operate our Service.
• Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
• Security Cookies: We use Security Cookies for security purposes.
ZGIVE LLC uses the collected data for various purposes:
To notify you about changes to our Service
First name and last name
To allow you to participate in interactive features of our
Service when you choose to do so
To provide customer support
Cookies and Usage Data
To gather analysis or valuable information so that we can
improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general
information about other goods, services
and events which we offer that are similar to those that you have already purchased or
enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under the General Data
Protection Regulations (GDPR)
If you are from the European Economic Area (EEA), ZGIVE LLC legal
basis for collecting and using the personal information described in this
context in which we collect it.
ZGIVE LLC may process your Personal Data because:
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it is not
overridden by your rights
For payment processing purposes
To comply with the law
Retention of Data
ZGIVE LLC will retain your Personal Data only for as long as is necessary
your Personal Data to the extent necessary to comply with our legal
obligations (for example, if we are required to retain your data to
comply with applicable laws), resolve disputes and enforce our legal
agreements and policies.
ZGIVE LLC will also retain Usage Data for internal analysis purposes.
Usage Data is generally retained for a shorter period of time, except
when this data is used to strengthen the security or to improve the
functionality of our Service, or we are legally obligated to retain this
data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and
maintained on — computers located outside of your state, province,
country or other governmental jurisdiction where the data protection
laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide
information to us, please note that we transfer the data, including
Personal Data, to United States and process it there.
information represents your agreement to that transfer.
ZGIVE LLC will take all the steps reasonably necessary to ensure that
and no transfer of your Personal Data will take place to an organization
or a country unless there are adequate controls in place including the
security of your data and other personal information.
Disclosure for Law Enforcement
If ZGIVE LLC is involved in a merger, acquisition or asset sale, your
Personal Data may be transferred. We will provide notice before your
Personal Data is transferred and becomes subject to a different Privacy
Under certain circumstances, ZGIVE LLC may be required to disclose
your Personal Data if required to do so by law or in response to valid
requests by public authorities (e.g. a court or a government agency).
ZGIVE LLC may disclose your Personal Data in the good faith belief that
such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of ZGIVE LLC
To prevent or investigate possible wrongdoing in
connection with the Service
• To protect the personal safety of users of the Service or the
• To protect against legal liability
Security of Data
The security of your data is important to us but remember that no
method of transmission over the Internet or method of electronic
storage is 100% secure. While we strive to use commercially acceptable
means to protect your Personal Data, we cannot guarantee its absolute
Our Policy on “Do Not Track” Signals Under the California Online
Protection Act (CALOPPA)
We do not support Do Not Track ("DNT"). Do Not Track is a preference
you can set in your web browser to inform websites that you do not
want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or
Settings page of your web browser.
Your Data Protection Rights Under the General Data Protection
If you are a resident of the European Economic Area (EEA), you have
certain data protection rights. ZGIVE LLC aims to take reasonable steps
to allow you to correct, amend, delete or limit the use of your Personal
If you wish to be informed about what Personal Data, we hold about
you and if you want it to be removed from our systems, please contact
In certain circumstances, you have the following data protection rights:
• The Right to Access, Update or Delete the Information We Have on You: Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The Right to Rectification: You have the right to have your information rectified if that information is inaccurate or incomplete.
The Right to Object: You have the right to object to our processing of your Personal Data.
The Right of Restriction: You have the right to request that we restrict the processing of your personal information.
The Right to Data Portability: You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The Right to Withdraw Consent: You also have the right to withdraw your consent at any time where ZGIVE LLC relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before
responding to such requests.
You have the right to complain to a Data Protection Authority about
our collection and use of your Personal Data. For more information,
please contact your local data protection authority in the European
Economic Area (EEA).
We may employ third-party companies and individuals to facilitate our
Service ("Service Providers"), provide the Service on our behalf, perform
Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform
these tasks on our behalf and are obligated not to disclose or use it for
any other purpose.
We may use third-party Service Providers to monitor and analyze the
use of our Service such as
Google Analytics, which is a web analytics service offered by Google
that tracks and reports website traffic. Google uses the data collected
to track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to
contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the
Google Privacy & Terms web page:
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
ZGIVE LLC uses remarketing services to advertise on third-party
websites to you after you visited our Service. We and our third-party
past visits to our Service.
You can opt-out of Google Analytics for Display Advertising and
customize the Google Display Network ads by visiting the Google Ads
Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out
Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your
web browser. Google Analytics Opt-out Browser Add-on provides
visitors with the ability to prevent their data from being collected and
used by Google Analytics.
For more information on the privacy practices of Google, please visit the
Google Privacy & Terms web page:
Twitter remarketing service is provided by Twitter Inc.
You can learn more about the privacy practices and policies of Twitter
You can opt-out from Twitter's interest-based ads by following their
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by
visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these
instructions from Facebook:
Facebook adheres to the Self-Regulatory Principles for Online
Behavioral Advertising established by the Digital Advertising Alliance.
You can also opt-out from Facebook and other participating companies
through the Digital Advertising Alliance in the USA
http://www.aboutads.info/choices/, the Digital Advertising Alliance of
Canada in Canada http://youradchoices.ca/ or the European Interactive
Digital Advertising Alliance in Europe
http://www.youronlinechoices.eu/, or opt-out using your mobile device
For more information on the privacy practices of Facebook, please visit
Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Pinterest remarketing service is provided by Pinterest Inc.
You can opt-out from Pinterest's interest-based ads by enabling the
"Do Not Track" functionality of your web browser or by following
You can learn more about the privacy practices and policies of Pinterest
AdRoll remarketing service is provided by Semantic Sugar, Inc.
You can opt-out of AdRoll remarketing by visiting this AdRoll
Advertising Preferences web page:
For more information on the privacy practices of AdRoll, please visit the
Perfect Audience remarketing service is provided by NowSpots Inc.
You can opt-out of Perfect Audience remarketing by visiting these
pages: Platform Opt-out (http://pixel.prfct.co/coo) and Partner Opt-out
For more information on the privacy practices of Perfect Audience,
AppNexus remarketing service is provided by AppNexus Inc.
You can opt-out of AppNexus remarketing by visiting the Privacy & the
AppNexus Platform web page: http://www.appnexus.com/platform-
For more information on the privacy practices of AppNexus, please visit
We may provide paid products and/or services within the Service. In
that case, we use third-party services for payment processing (e.g.
We will not store or collect your payment card details. That information
is provided directly to our third-party payment processors whose use of
payment processors adhere to the standards set by PCI-DSS as
managed by the PCI Security Standards Council, which is a joint effort
of brands like Visa, MasterCard, American Express and Discover. PCI-
DSS requirements help ensure the secure handling of payment
Apple Store In-App Payments
https://www.authorize.net/company/privacy/ Links to Other Sites
Our Service may contain links to other sites that are not operated by us.
If you click a third- party link, you will be directed to that third-party's
We have no control over and assume no responsibility for the content,
privacy policies or practices of any third-party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from
anyone under the age of 18. If you are a parent or guardian and you are
aware that your Child has provided us with Personal Data, please
contact us. If we become aware that we have collected Personal Data
from children without verification of parental consent, we take steps to
remove that information from our servers.
Mobile Messaging, SMS, MMS Text
You agree to receive messages, SMS, MMS or other text-related
correspondence via your mobile device from ZGIVE or any of its
affiliates or clients. Frequency of messaging will be variable but will not
exceed 60 messages per month. Upon the completion of your
donation, you will receive a ‘thank-you’ text and email message. You will
have the option to opt-out or unsubscribe. If your information was
provided to an organization through any means and you opted in to
receive text messages from them using a software or platform that is
not ZGIVE, and the organization subsequently uses our technology to
send/receive text messages to/from you, the original opt-in to receive
text messages from ZGIVE or the original affiliate or client is in force
and you will have an option to opt-out or unsubscribe. You also agree
that the phone number or short code that was used during the original
opt-in can be changed without forfeiting your opt-in status. Message
and data rates may apply.