Ziggby Fundraising Program Guidelines

These Ziggby Fundraising Program Guidelines (“Fundraising Program Guidelines”) are incorporated into the Terms and Conditions, Fundraising Program Agreement and the Charity Program Agreement and govern your participation in the Fundraising Program. These policies outline the requirements and restrictions that you must follow as a participant. Ziggby reserves the right to make changes to these policies at any time and at its discretion.

1. Access and Use of the Platform

The Services offered are purely administrative platforms, and Ziggby helps with the organization of Fundraisers and enables supporters to make a Qualifying Purchase to support them. Ziggby is not a broker, agent, financial institution, creditor, or a nonprofit corporation registered under section 501(c)(3) of the tax code.

Ziggby does not guarantee the accuracy, completeness, timeliness, or reliability of the information and content provided about the Services, and it is intended for informational purposes only. Before making any decisions regarding the Fundraisers, Charities, Contributions, Supporters, or any information related to the Services, it is recommended that you seek the advice of a financial, legal, tax, or other professional advisor. You acknowledge that you use the Services at your own risk and that Ziggby is not responsible for any inaccuracies in the information or content.

Ziggby takes no responsibility for the behavior or information provided by its users and denies any liability in this regard to the fullest extent allowed by law. There is no guarantee that a fundraiser will receive a certain amount of contributions or any contributions at all. Ziggby does not support any particular fundraiser, user, or cause, and it does not assure that the information provided through its Services is accurate. The company explicitly denies any liability for the results of any fundraiser, and the donor must ultimately decide the worth and suitability of contributing to a user or fundraiser.

2. Campaign Creation

You may create fundraising campaigns for individuals, entities, or non-profit organizations. If you are accessing the platform through a charity account, you may create campaigns for your charitable organization only. You are solely responsible for the information, content, and materials included in your campaign, including, but not limited to, the campaign title, description, images, and videos. We reserve the right to review and remove any campaign or campaign materials that we deem to be in violation of these Terms or applicable laws and regulations.

3. Funds Disbursement

All funds raised through the platform will be disbursed to the campaign creator or designated beneficiary, as specified in the campaign information. Funds raised for a charity will be disbursed directly to the charitable organization.

While Ziggby strives to make disbursements to you as soon as possible after the standard timeframe, you acknowledge and agree that disbursements may not be immediately available for use. Ziggby expressly disclaims all liability for any delay in disbursements or your inability to access and use disbursements at any specified time, as well as any consequences. The accuracy and timeliness of the data you provide to Ziggby in order to process a disbursement, including bank account information, is your responsibility as the Organizer and/or Beneficiary.

4. Taxes

You are solely responsible for determining and paying any taxes that may be owed as a result of funds received through the platform. We are not responsible for providing tax-related advice or assistance.

5. Transaction Fee

There are no fees to start or maintain a fundraiser on Ziggby.

6. No Solicitation

The platform is designed to assist organizers in raising funds. Ziggby only provides the tools for fundraisers to connect with supporters. The presence of the Services does not mean Ziggby is actively seeking Qualifying Purchases, and does not offer advice or assist in soliciting Qualifying Purchases from the public on behalf of any individual, entity, or organization. By using the Services, you acknowledge and accept that Ziggby is not responsible for how your contributions are used or the amount of funds raised for a particular user or fundraiser.

7. Supporters

a) The act of supporting a Fundraiser through the platform is done at your own risk. It is your responsibility to understand how the contributions will be used and to keep track of any updates made by the Fundraiser. Ziggby is not accountable for any promises, incentives, or promotions made by either Users or Fundraisers, as such actions are a violation of these terms and conditions. The information provided by Users and Fundraisers cannot be verified by Ziggby, nor do we guarantee that contributions will be used as intended by the User or Fundraiser or in accordance with the law. However, we take any reports of fraudulent activities and misused funds very seriously and investigate them accordingly. To report such issues, use the “Report Fundraiser” link on the Fundraiser.

b) It is recommended that you consult a tax advisor to determine if your Qualifying Purchase to support a Fundraiser is tax deductible, and its eligibility for tax recognition, considering the recipient's tax status in the relevant jurisdiction.

c) When making a Qualify Purchasing using the Services, unless the Supporter opts for anonymity by checking the 'Anonymous' box, the Supporter agrees to have their information disclosed, including but not limited to being listed as a Supporter.

8. Organizers

As an Organizer, you agree to the following: (1) provide accurate and complete information about your Fundraiser, including regular updates, and ensure that the information will not deceive Supporters; (2) use all funds for the purpose described in your Fundraiser; (3) if you withdraw contributions intended for someone else (the “Beneficiary”), you must give the funds to the Beneficiary; (4) if you add a Beneficiary, you give up control of the contributions; (5) not infringe on others' rights; (6) comply with all applicable laws, including those relating to registration, taxes, political contributions, and asset disclosures for your Fundraiser; (7) if you share any third-party personal data with Ziggby, you have obtained the necessary consent and authorization to do so; and (8) not offer goods or services in exchange for Qualifying Purchases. You authorize Ziggby to share information about your Fundraiser with Supporters, Beneficiaries, law enforcement, or other regulatory authorities, and to assist with any related investigations.

As a representative of a non-profit organization, you promise and guarantee that: (a) you are authorized to act on behalf of the organization and are empowered to bind it to these terms and conditions; (b) the fundraising activities you are undertaking on behalf of the organization are legal under all relevant federal, state, and local laws; (c) all contributed funds will be used exclusively for the purpose stated in your fundraising campaign and cannot be used for any other purpose; (d) the organization has and will continue to have tax-exempt status under applicable laws; (e) if the organization is based in the US, it is registered with GuideStar or the IRS tax exempt organization database.

9. Display of Public Content

Some of your activity on and through the Services is made public, such as content you share with other Users or recipients (collectively, "User Content") or information you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands, or other materials you upload or post through the Services, or other features on the Ziggby Platform). In order to promote user interaction within the Services, other Users may see information from your User profile, such as your first and last name, public email address, organization, personal biography, and other data you enter in connection with your User profile.

10. Data Retention

You understand that Ziggby is under no obligation to keep any information pertaining to any of your accounts or Fundraisers. You agree that Ziggby will not be liable to you or any third party for any claims, damages, costs, or losses resulting from the deletion of data, termination of accounts, or termination of Fundraisers at any time and for any reason, with or without notice. The aforementioned does not apply to accounts or fundraisers created by charities on the platform, in which case Ziggby will, whenever possible, give reasonable notice.

11. Prohibited Conduct

You are fully responsible for following all relevant laws in relation to your use of the Services and your Fundraiser. You are accountable for all the content you upload, post, publish, display, transmit or use. You must ensure the funds raised through your Fundraiser are used for the stated purpose. If you are not the Beneficiary of the Fundraiser, you must deliver the funds to the actual Beneficiary as soon as possible. You must also comply with any requests from Ziggby to provide evidence to verify your compliance with the terms and conditions.

Ziggby prohibits illegal or prohibited User Content and/or use. This is not an exhaustive list and Ziggby reserves the right to remove any Fundraiser and investigate any User who violates the terms and conditions or other policies. During investigations, Ziggby may consider all relevant information, including but not limited to, social media, news and any other information deemed relevant by Ziggby. Ziggby reserves the right to ban or disable your use of the Services, remove the offending content, suspend or terminate your account, stop payments to the Fundraiser, freeze or hold Contributions, and report you to law enforcement or take legal action, including seeking restitution for themselves and/or their Users.

In addition to the other provisions, you agree and guarantee that you will not:

a) Use the Services to raise money or create a fundraising campaign with the intention of promoting or engaging in:

Violating any laws, regulations, industry standards, or third-party agreements you are bound to, including those of payment card providers and transaction processors you use with the Services;
Running fraudulent, misleading, inaccurate, or dishonest campaigns that are impossible;
Campaigns that contain offensive, graphic, perverse, sexual, or sensitive content;
Raising money for ransom, human trafficking or exploitation, vigilantism, bribes, or bounties;
Raising money for illegal drugs, steroids, controlled substances, or similar products or therapies, or for legal substances that have similar effects as illegal drugs, or for medical practices and equipment that have been found harmful by regulatory bodies;
Activities in or with countries, regions, governments, or entities that are subject to U.S. and other economic sanctions under applicable law, unless you have express authorization from the appropriate government authority;
Knives, explosives, ammunition, firearms, or other weapons or accessories;
Content that incites or promotes behavior that we deem abuse of power, supporting terrorism, hate, violence, harassment, bullying, discrimination, terrorist financing, or intolerance of any kind, or that reflects abuse of power based on race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities, or diseases;
Raising money for the legal defense of alleged financial or violent crimes;
Content that reflects suicide or self-harm;
Publishing content (such as mug shots) that causes reputational harm;
Gambling, gaming, or any activities with an entry fee and prize, such as raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions, and other ventures that facilitate gambling, games of skill or chance, monetary rewards, including gift cards, or sweepstakes;
Aggregating funds owed to third parties, factoring, or other activities intended to hide the origin of funds;
Annuities, investments, loans, equity, lottery contracts, layaway systems, offshore banking or similar transactions, money service businesses, pyramid schemes, "get rich quick" schemes, network marketing or referral programs, debt collection, or cryptocurrencies;
Receiving or giving cash advances or lines of credit for purposes other than those stated in the fundraising campaign or for credit repair or debt settlement services;
Counterfeit music, movies, software, or other licensed materials without proper authorization from the rights holder;
Products or services that directly infringe or facilitate the infringement of trademarks, patents, copyrights, trade secrets, proprietary rights, or privacy rights of third parties;
Unauthorized sale or resale of goods or services;
Election campaigns in unsupported countries unless run by a registered organization in a supported country;
Collecting payments on behalf of merchants by payment processors or any other means, including collecting self-payments on fundraising campaigns or attempting to bypass the designated payment method provided by Ziggby;
Collecting or providing funds for purposes other than those described in the fundraising campaign; or
Any other activities that Ziggby deems unacceptable, restrictive, harmful, or liability-prone, in its sole discretion.

b) Agree not to use the Services to upload any User Content that: (i) violates any intellectual property rights or other proprietary rights of any party; (ii) you don't have the legal right to upload under any law or under any contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs meant to damage, disrupt or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) creates a privacy or security threat to any person; or (v) includes unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation."

12. Account Holds

Ziggby may occasionally, at its sole discretion, freeze a fundraiser account (a "Hold"), stop disbursements, perform a reverse transfer of funds, hold reserves, or take similar actions to protect its own interests and those of its users. This can be due to, but not limited to, circumstances such as: (i) the organizer providing false or misleading information, or using the funds for prohibited purposes; (ii) the funds being required to be given to someone other than the organizer, such as a legal beneficiary; (iii) the fundraiser or organizer violating the terms and conditions; (iv) the organizer collaborating with Supporters to participate in fraudulent activities; (v) there being suspicious or fraudulent purchase activity; or (vi) such action is necessary to comply with a court order or other legal requirements. If you have questions about a hold placed on your fundraiser account, or need information on how to resolve it, please contact us.