TERMS OF USE

1. GENERAL PROVISIONS

Welcome to dhelp.org website (hereinafter referred to as “dhelp.org Website”) operated by the Charity Organization “DIRECT HELP” (hereinafter referred to as “DIRECT HELP”, “we” or “us”). By using the dhelp.org Website, you confirm that you have read and agree to be bound by the following Terms of Use (hereinafter referred to as the “Terms”) and our Privacy Policy, as well as all technical specifications, operating rules, safety procedures, any other terms that DIRECT HELP may be posted on the dhelp.org Website from time to time.

You agree to be bound by these Terms, which may be revised and published from time to time without prior notice with the date of latest revision indicated above. If you do not agree to any of the Terms set forth in this document, you may not use the dhelp.org Website. We may terminate the account of any user who violates these Terms and may remove any content they may have contributed to the dhelp.org Website.

The dhelp.org Website was created to raise funds to support people who are suffering from economic hardship in Ukraine.

All users who access the dhelp.org Website are hereinafter referred to as “Users”.

Users who donate through the Website and create profiles on the dhelp.org Website for the purpose of making donations are referred to herein as “Donors.”

Users who suffer from economic hardship and create profiles on the dhelp.org Website for the purpose of directly or indirectly receiving donations are referred to herein as “Recipients.”

The persons representing DIRECT HELP and administering the dhelp.org Website, as well as coordinating and distributing donations are referred to as “Partners”.

2. USERS

2.1. General Provisions 

2.1.1. Any use or access to the dhelp.org Website by users under the age of 18 is strictly prohibited and constitutes a violation of these Terms. By using the dhelp.org Website, you state and warrant that you are 18 years of age or older. If you choose to create an account with us, you may be asked to provide certain personal information when creating your account, including your name, phone number, and email address. The complete list of data required for registration on the dhelp.org Website is specified in the privacy policy.

2.1.2. If you have created an account with us, we may send a monthly newsletter, system messages related to account information, and other information to your email address. You can unsubscribe from the monthly newsletter at any time by clicking on the unsubscribe link in the email.

2.2. Website Content and Intellectual Property

2.2.1. All content of the dhelp.org Website, including but not limited to design, text, graphics, images, video, information, software, music, sound and other files, and their selection and location (hereinafter referred to as “Website Content”), is our property with all rights reserved.

2.2.2. The content of the Website may not be modified, copied, distributed, framed, reproduced, republished, uploaded, displayed, posted, transferred or sold in any form or by any means, in whole or in part, without our prior written consent, unless you obtain the right to use the dhelp.org Website, you are granted a non-exclusive license to access and use the dhelp.org Website and to download or print a copy of any part of the content of the Website dhelp.org website solely for personal use, provided that you do not infringe copyright or other rights to use information protected by intellectual property law.

2.2.3. You shall not reproduce the content of the dhelp.org Website on any site on the Internet, intranet or extranet, input data into any other database or compilation and any other-purpose use of the content of the dhelp.org Website is strictly prohibited . Any use of the dhelp.org Website or the content of the dhelp.org Website other than as specifically permitted in these Terms without the prior written permission of DIRECT HELP is strictly prohibited and will terminate the license granted under these Terms. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws. Except as otherwise expressly provided in these Terms, nothing in these Terms shall be construed as granting any license to intellectual property rights, by assignment, implication, or otherwise. We may revoke this license at any time with or without prior notice for any or no reason.

2.3. User’s Data

2.3.1. The privacy and security of our users’ data and information regarding them is important to us. We will not share users’ information without their prior consent.

2.4. Prohibited Behavior

2.4.1. The services you receive from DIRECT HELP are provided for your personal use to “help people in need”. You agree to use the dhelp.org Website only for lawful, proper purposes and in accordance with these Terms. You are not entitled to, and you represent and warrant that you SHALL NOT:

– use the dhelp.org Website in any manner that could damage, disable, overload or impair the dhelp.org Website, or interfere with any other person’s use of the dhelp.org Website;

– attempt to gain unauthorized access to the dhelp.org Website or computer systems or networks connected to the dhelp.org Website by hacking, password mining or any other means;

– create user accounts by automatic tools or under false or fraudulent pretenses;

– share any viruses, worms, defects, trojan programs or any elements of a destructive nature to or through the dhelp.org Website;

– defame, insult, harass, threaten, deceive or otherwise violate the legal rights (in particular, the right to privacy and publicity) of others, or post any content that contains explicit or offensive descriptions of sexual matters;

– upload, post, email or transfer or otherwise make available through the dhelp.org Website any inappropriate, defamatory, offensive, obscene or illegal content;

– upload, post, email or transfer or otherwise make available through the dhelp.org Website any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any parties, unless you are the owner of such rights or have the owner’s permission to post such content;

– upload, post, email or transfer or otherwise make available through the dhelp.org Website any material that promotes financial pyramid schemes, happiness letters or disruptive commercial messages or advertisements, or anything else prohibited by law and these Terms;

– run a Maillist , Listserv or any other form of autoresponder or “spam” on the dhelp.org Website;

– use manual or automated software, devices or other processes to “crawl” or “spider” any page of the dhelp.org Website, including engaging in the practice of “screen scraping”, “database scraping ” , or any other activity for the purpose of obtaining information about the user or other information;

– download any file hosted by another user, or a file that you know or reasonably should know cannot be legally distributed in such a manner;

– impersonate another person or entity, falsify or remove any copyright, legal or other proper notices or designations of ownership or labels of origin or source of any materials;

– remove any copyright, trademark or other proprietary notices contained on the dhelp.org Website;

– organize, conduct or promote directly or indirectly raffles, lotteries or other similar games of chance, both for charitable purposes and for other purposes;

– harass, bully, humiliate or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

– violate the personal safety of other dhelp.org Website users at any time;

– use dhelp.org Website for any illegal or unauthorized purpose;

2.5. Appropriate User Content

2.5.1. The dhelp.org Website may allow you and other users to upload, post and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents and other content (“User Content”). ). DIRECT HELP allows you to use the dhelp.org Website, the Tools and services provided by the dhelp.org Website, unless you acknowledge and agree to the following terms:

-we will attempt to remove or edit, with or without notice, any User Content that we deem to be illegal, obscene or otherwise violating these Terms. We may, but are not obligated to, remove any other User Content that we deem, in our sole discretion, to be fraudulent, threatening, defamatory, or otherwise objectionable, or that infringes the intellectual property rights or other proprietary rights of any party.

2.5.2. Posting User Content is the sole responsibility of each User. DIRECT HELP is not responsible for the accuracy of any information posted by Users and is not responsible for any claims, damages or losses related to such information.

You are solely responsible for your User Content and the consequences of posting User Content on the dhelp.org Website.

You agree that User Content will accurately describe the fundraising and intended use of donations made through the dhelp.org Website.

You shall state and warrant that your User Content does not infringe the copyright, trademark, right of publicity/ privacy and/or other intellectual property or proprietary rights of any third party.

2.5.3. By posting, uploading or otherwise distributing your User Content on the dhelp.org Website, you shall:

grant DIRECT HELP a perpetual, non-exclusive, royalty-free license to use the User Content for all purposes targeting to its goals and mission, including but not limited to: display on the dhelp.org Website, creation of derivative works based on the User Content, and/or other use to promote the Recipient’s page;

permit, but not require that DIRECT HELP identifies you as the provider of such User Content;

state and warrant that you have all necessary rights to grant the above permissions;

grant DIRECT HELP and other users of the dhelp.org Website the right to access, display, view, store and/or download such User Content and post or forward such User Content to others;

you agree that DIRECT HELP has no responsibility for the storage or deletion of any User Content you submit or post, including e-mails you are sending through the dhelp.org Website.

2.6. Registration Data and Account Security

2.6.1 While using dhelp.org Website, you shall agree to:

– provide accurate, up-to-date and complete information about yourself that may be requested in any registration forms on the dhelp.org Website (“Registration Data”);

– maintain the security of your password and identification data;

– maintain and timely update the Registration Data and any other information you provide to us so that to ensure its accuracy, up-to-date and completeness;

– be fully responsible for all use of your account and for any actions that occur while using your account;

– notify us immediately if you become aware of any unauthorized use of your Registration Data or any other security breach of dhelp.org Website.

2.6.2. We may refuse to grant you access if you have chosen a login that:

– impersonates another person;

– may be protected by the law on trademarks or property rights;

– is vulgar, offensive or otherwise inappropriate as we determine in our sole discretion.

2.6.3. Any attempt to access restricted areas of the dhelp.org Website without the permission of DIRECT HELP is prohibited.

3. DONORS

3.1. Donor’s Account

3.1.1. By registering on the dhelp.org Website, Donors will receive a web account that is not publicly visible. (You can enable this option at any time by emailing [email protected]).

As a Donor, you can use the dhelp.org Website to make a donation that will help meet the basic needs of a Recipient of your own choosing. The amount of donations for Donors is not limited.

3.1.2. By registering on our service, the Donor shall:

– agree with these Terms;

– agree to provide true, accurate and complete information;

– agree that the person is fully responsible for all actions performed under the Donor’s account;

– agree that has no authority to act on behalf of, enter into contracts or otherwise bind DIRECT HELP;

3.1.3. By using and registering on the dhelp.org Website as a Donor, the Donor authorizes DIRECT HELP to create, use and publish the name and necessary verification data required to create an account and further use the functionality of the dhelp.org Website.

3.1.4. By registering on the dhelp.org as a Donor, you give your consent to be complied with the requirements for Donor status specified in the registration form. The Donor acknowledges and understands that failure to comply with these Terms may result in the termination of the account.

3.2. Distribution of Donations

3.2.1. DIRECT HELP agrees to distribute donations among Recipients. All such donations become the property of the Recipients and are made at the sole discretion and risk of the Donors based on their own will and judgment. Donors are solely responsible for determining the tax basis of any donation. DIRECT HELP shall not be liable for any errors, misues or omissions caused by any Financial Institution, errors or omissions that may arise by the actions of Financial Institution’s employees.

3.3. Bank Card Anti-money Laundering Policy

3.3.1. Only the actual credit card holder can make a donation on the dhelp.org Website. A third party may not use the Donor’s bank card information or make donations on behalf of the Donor. This practice is known as “credit card laundering” and violates the Visa and MasterCard payment card agreements. DIRECT HELP may report about any of such violations to the corresponding authorities. This restriction does not prevent the use of computer terminals or other payment methods with access to the dhelp.org Website to make valid donations by the actual bank cardholder.

3.4. Wishes for Donations Purposes

3.4.1. The dhelp.org Website provides you as a Donor with the option to indicate your wishes regarding the specific use of the funds you donate in the fields provided on the donation form. However, indicating such wishes does not guarantee you that the funds will be used in accordance with such a wish-list. DIRECT HELP is not responsible for the final fulfillment of such wishes. You hereby acknowledge that any indication of the direction of use of the donation is only an expression of your preferences and does not create any contractual obligation other than DIRECT HELP’s obligation to distribute the donation to the Recipients. DIRECT HELP guarantees that your donation will be distributed among the Recipients.

3.4.2. When you donate to any Recipient on the dhelp.org Website, you give us permission to access your donation records at any time and to use data you provide to process your donation. Your name may be published on our Website when you donate or send words of support to a Recipient, unless you indicate that you wish to do so anonymously.

3.5. Limited Donor License

3.5.1. DIRECT HELP grants Donors a non-exclusive license to create a web profile for donating on the dhelp.org Website and to use other online tools, resources and related services available on the dhelp.org Website (hereinafter referred to as “Tools”), exclusively in accordance with these Terms to make donations for the purposes announced on the Recipients’ pages.

4. RECIPIENTS

4.1. Recipient’s Account

4.1.1. By registering on the dhelp.org Website, Recipients will receive a publicly visible web profile (account).

4.1.2. As a Recipient, you can use the dhelp.org Website to collect donations that will help to meet your basic needs.

By registering on our service, Recipients shall:

– agree with these Terms;

– agree to provide true, accurate and complete information

– agree that you are fully responsible for all actions taken under the recipient account;

– agree that you have no authority to act on behalf of, enter into contracts with or otherwise bind DIRECT HELP;

– agree to guarantee that all donations will be used in accordance with the description posted on the Recipient’s page.

4.1.3. By creating and maintaining a Recipient page on the dhelp.org Website, Recipients shall grant DIRECT HELP a non-exclusive, royalty-free license to display the User Content you upload solely for your promotional and fundraising purposes. Recipients also grant DIRECT HELP the right to access, display, view, store and/or download User Content, and post or forward User Content to others. Recipients represent and warrant that they have the necessary rights to grant the above DIRECT HELP permissions.

4.1.4. By registering on the dhelp.org Website as a Recipient and using it, the Recipient authorizes DIRECT HELP to create, use and publish the name, biographical information, including information about personal needs, health and any other needs, on which Recipient wants to rise funds, any photographic or other audio-visual image, both in its original form and edited or changed at the sole discretion of DIRECT HELP, for marketing, fundraising, Donor attraction and other promotion purposes, programs and services offered by DIRECT HELP, including dhelp.org Website, in any type of media, including electronic media, online or website, anywhere and at any time (collectively referred to the “Right of Publicity”).

4.1.5. The Recipient releases DIRECT HELP and agrees to indemnify DIRECT HELP from any claims or liability arising directly or indirectly from the use of materials personally uploaded by the Recipient, including any claims for defamation, invasion of privacy, violation of moral rights, rights of publicity or copyright, or any other personal or property rights. Recipient agrees that has no right to review or approve any materials that may be used in connection with the Right of Publicity or the Right of Publicity may be applied regarding whichfore.

4.1.6. By registering on the dhelp.org Website as a Recipient, an individual agrees to the requirements for obtaining the status of a Recipient specified in the registration form. The Recipient confirms and understands that failure to comply with these Terms may result in the closure of the account and the loss of any funds on it.

4.1.7. By registering on the dhelp.org Website as a Recipient, the Recipient confirms that:

– will use the website dhelp.org only for own needs, and not on behalf of other persons;

– is currently in the situation of significant economic difficulties;

– DIRECT HELP has a legal obligation to keep information about donations confidential, and therefore acting as a Recipient, will not have access to private information about the Donors;

– DIRECT HELP offers its services voluntarily and reserves the right to close the account and redistribute donations addressed to it at any time. Similarly, DIRECT HELP grant the right to close the account at any time;

– the Recipient is 18 (eighteen) years old and has the legal capacity to register as a Recipient on the dhelp.org Website. If the Recipient chooses to add a dependent (such as a child or spouse) to the photo, this action confirms that the Recipient has a legal right to do this.

4.2. Recipient’s Limited License

4.2.1. DIRECT HELP grants Recipients a non-exclusive license to create fundraising pages on the dhelp.org Website and use photos, videos, graphics, information, other online tools and resources, and related services available on the dhelp.org Website, solely in accordance with these Terms to collect donations for the purposes advertised on their fundraising pages.

5. LEGAL REGULATION

5.1. Disclaimer

5.1.1. DIRECT HELP does not guarantee the accuracy of any User Content or content provided by third parties (“Third Party Content”). Although, we provide guidelines for User behavior and posting nformation, we do not control and are not responsible for what Users post on the dhelp.org Website. We are not responsible for any offensive, inappropriate, obscene, illegal or otherwise objectionable content you may encounter on the dhelp.org Website or in connection with any User Content or third party content. We are not responsible for the conduct, whether online or offline of any User of the Website. We cannot guarantee and do not promise any specific results (donation-related or otherwise) from using the dhelp.org Website.

5.1.2. You should understand that we provide the dhelp.org Website “AS IS” without any warranties or conditions of any kind, express, implied or statutory.

5.1.3. The dhelp.org Website may be temporarily unavailable from time to time for maintenance or due to other reasons. We are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, failures in communication lines, theft or destruction, unauthorized access or alteration of User messages. We are not responsible for any problems or technical malfunctions of the telephone network or lines, online computer systems, servers or providers, computer hardware, software, e-mail failures due to technical problems or Internet traffic congestion on dhelp.org Website, or a combination thereof, including damage to a computer (computers) of any other person associated with downloading the materials. In no case shall we be liable for any loss or damage, including any loss or damage to any User Content, arising out of your use of the dhelp.org Website, any User Content or third party content, posted on or through the dhelp.org Website, or transferred to Users, or any interaction between users of the dhelp.org Website, whether online or offline .

5.1.4. We reserve the right to change any content stated on the dhelp.org Website and any services offered through the dhelp.org Website at any time without prior notice to Users. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute an endorsement, sponsorship or recommendation of, or any affiliation with, DIRECT HELP.

5.2. Limitation of Liability

5.2.1. DIRECT HELP categorically disclaims, to the fullest extent permitted by law, any responsibility and liability for the activities of any charitable organization, any User, Recipient, or Donor. DIRECT HELP is not engaged in providing legal, tax or other professional advice or services. If you require such services, you should contact an appropriately licensed and qualified professional.

5.2.2. You agree that neither DIRECT HELP nor any of its partners or affiliates shall be liable to you and/or any third party for any direct, indirect, consequential, punitive, special, or incidental damages that arising out of or in connection with the dhelp.org Website or the services provided by DIRECT HELP (and your use of or inability to use the dhelp.org Website or DIRECT HELP services).

5.2.3. Any claims arising in connection with the use of the dhelp.org Website must be submitted within one year from the moment the reason for their submission arose.

5.3. Release of Liability and Indemnification

5.3.1. You use the services of DIRECT HELP exclusively at your own risk. You agree to hold us harmless and indemnify us against any third party claims arising out of or in any way related to your use of the services provided by DIRECT HELP or the dhelp.org Website, including, without limitation, any liability or expense arising out of any claims, losses, damages (actual or consequential), suits, judgments, legal costs and attorneys’ fees of any kind or nature.

5.4. User Disputes

5.4.1. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

5.5. Links to Other Websites and Content

5.5.1. The dhelp.org website may contain links to third party websites (“Linked Sites”). These links are provided for your convenience only. The inclusion of any link does not imply, and should not be construed as, affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by DIRECT HELP of any information, materials, products or services contained on any Linked Site or accessible through it. In no event shall DIRECT HELP be responsible for the information contained on any Linked Site or for your use or inability to use any Linked Site. Access to and use of the Linked Sites, including the information, materials, products and services contained on or available through the Linked Sites, is solely at your own risk. Your access to and use of Linked Sites is subject to the terms and privacy policies of such Linked Sites, and we encourage you to read all such terms and policies carefully. Although, we carefully check the linked websites, we cannot guarantee the reliability or accuracy of any information contained on them.

5.6. Changes to the Services, Website and Terms

5.6.1. By using our services, you agree to these Terms. Please, read them carefully. You should review these Terms regularly to be aware of any changes. Your continuous use of the dhelp.org Website following any changes to these Terms constitutes your acceptance of those changes and you agree to be bound by the then-actual version of these Terms. If any changes to these Terms are unacceptable to you, you must stop using the dhelp.org Website.

5.7. Message

5.7.1. DIRECT HELP may, but is not obligated to, provide you with notices about the services provided by DIRECT HELP, the dhelp.org website by sending a letter/e-mail or by posting on the dhelp.org Website.

5.8. International Use

5.8.1. The dhelp.org Website is controlled and operated from the territory of Ukraine. DIRECT HELP does not make any statements that the dhelp.org Website is appropriate or available for use outside of Ukraine. Users who choose to access the dhelp.org Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online behavior and acceptable content, including laws governing the export of data from the territory of Ukraine or your country of residence.

5.9. Terms and Termination

5.9.1. These Terms apply to your use of the services provided by DIRECT HELP and the dhelp.org Website at all times. You may terminate these Terms at any time by emailing [email protected]. In addition, your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimers of warranties, indemnities, limitations of liability and other provisions will survive, but your right to use the dhelp.org website will immediately terminate.

5.9.2. DIRECT HELP reserves the right, in its sole discretion, to immediately, with or without notice, suspend or terminate these Terms, and/or your access to all or part of the dhelp.org Website, and/or remove any registration information or User Content from the dhelp.org Website for any reason (including if you violate any of these Terms). DIRECT HELP also reserves the right to change the dhelp.org website without prior notice at any time.

5.10. Miscellaneous 

5.10.1. These Terms of Use constitute the agreement between the parties with respect to all matters set forth herein and supersede all other agreements, understandings and discussions between the parties. If any provision of these Terms is held to be illegal, invalid or unenforceable, then such provision will be deemed severable from these Terms and will be severed and replaced with a valid and enforceable provision that achieves, to the extent possible, the same purposes as the individual provision. The rest provisions of these Terms remain in full force and effect.

5.10.2. User, Recipient and Donor may not assign, sublicense or otherwise transfer any rights or obligations set forth in this Terms without the prior written consent of DIRECT HELP. Any transfer in violation of the foregoing shall be void and of no effect. These Terms are binding on the corrrsponding successors of the Parties. Except as otherwise expressly provided in these Terms, all remedies provided in these Terms are cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity or otherwise.

5.10.3. The failure of DIRECT HELP to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other case. If a certain provision of these Terms is deemed to be invalid, the rest of the Terms will remain in full force and effect. If any provision of these Terms is deemed to be illegal, invalid or for any reason unenforceable, then such provision will be deemed severable from these Terms and will not affect the validity and enforceability of any other provisions.

5.10.4. These Terms are governed by the legislation of Ukraine. Any disputes arising in connection with these Terms or the dhelp.org website shall be resolved at the registered office of Charity Organization “DIRECT HELP”.

5.10.5. DIRECT HELP may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.

5.11. Copyright Infringement Complaints

5.11.1. If you believe that any material on the dhelp.org Website infringes a copyright that is your own or control, you may notify us of such infringement by emailing [email protected]:

5.11.2. Your message should include the following:

– physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right, which is claimed to be infringed;

– identification of the copyrighted item that is claimed to be infringed or, if the same notice refers to several copyrighted items on the same website, a representative list of such items on that website;

-identification of the material that is claimed to be infringing or the subject of infringing activity that is to be removed or access to which is to be terminated, and information sufficient to enable us to locate the material;

– information reasonably sufficient to permit us to contact the complaining party, including: address, telephone number, and, if available, an email address at which the complaining party may be contacted;

– a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

– a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is claimed to have been infringed.

5.12. Contact Details 

5.12.1. If you have any questions about these Terms, please contact us at [email protected] .