(1) ACCEPTANCE OF TERMS
Welcome to RedBasket.org. Red Basket, Inc. (“Red Basket”) requires that all donors (“Givers”), fundraisers or beneficiaries (“Askers”), “Advocates” when asking upon behalf of another individual , non-profit organizations and/or governmental agencies (“Trusted Partners”) and all other visitors (collectively known as “users”) to its site (“the Site”) agree to these Terms and Conditions. You should review carefully the following terms and conditions. BY USING THE SITE, YOU INDICATE YOUR ACKNOWLEDGMENT AND AGREEMENT TO THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE. As used in this Agreement, “we,” “our” and “us” means Red Basket unless otherwise indicated.
(2) WHO WE ARE
Red Basket is a non-profit micro-philanthropy corporation headquartered in Omaha, Nebraska. Red Basket is a tax exempt corporation described in Section 501(c)(3) of the Internal Revenue Code.
(3) WHAT WE DO
Red Basket exists to help individuals to achieve financial independence and improve communities through volunteerism.
We’re remodeling community outreach efforts by making giving more personal and transparent. Red Basket is about individuals helping other individuals in their communities. We provide a place for helpers and doers to meet people who are in need of help. Red Basket allows you to direct your charitable efforts into something you care about in the way that you want to.
Our online fundraising tools allow individuals and non-profit organizations an easy way to raise money in times of need or for community improvement projects they care about. Each Asker, Trusted Partner or Advocate creates an online account and then submits a proposal for a cause or activity (“Ask”). Through the submission and publication process, the Asker, Trusted Partner or advocate is able to post stories, photos and videos about their need. All visitors to Red Basket can search through all our active Asks and choose to donate to the ones which interest them.
(4) FEATURES AND SITES
When using the Site, you will be subject to any additional posted policies or rules applicable to specific media, services, and features, which may be posted from time to time (“the Policies”). All such Policies are hereby incorporated by references into these Terms & Conditions.
(5) MODIFICATIONS TO TERMS & CONDITIONS
(6) AVAILABILITY OF THE SITE
The Site may change or discontinue media, features or services available within the site at any time and without notice. Red Basket makes every effort to ensure current media and services; however, Red Basket makes no commitment to update these materials on the site.
(7) SERVICES PROVIDED BY RED BASKET
If you choose to create an account, you authorize Red Basket to provide the following services (the “Red Basket Service” or “the Service”) on your behalf. Red Basket will (a) review each individual or community improvement project Ask for compliance with the Red Basket eligibility and validity requirements; (b) accept and process online donations made by individuals or entities through Red Basket.org; (c) hold the funds received through online donations in an account; (d) remit funds via one-time payment to the designated Asker by check, prepaid card, or echeck/ACH after the Ask is closed by reaching a predetermined funding goal or deadline; (f) provide an electronic receipt to the Giver for each donation at time of donation via e-mail.
At the close of an Ask, Red Basket will notify the Asker and, if applicable, the Advocate and the Trusted Partner regarding the planned distribution of funds.
(8) RED BASKET ACCOUNTS AND PROFILES
Each Asker, Advocate, Trusted Partner or Giver must create an account by completing all required fields on the applicable account Site web page and must have an email account to verify access. As part of the registration process, you agree to provide: (a) information about yourself that is truthful, current, complete and accurate; and (b) update this information so as to maintain its accuracy. A Giver can either create an account or donate as a Guest. If a Giver chooses to donate as Guest, then Giver must provide a valid email address in order to receive a tax receipt. In no instance will Red Basket reproduce tax receipts or donor history for Givers who donate as Guest.
If you choose to register by creating an account, you are responsible for all activities occurring under your email address and for keeping your password secure.
When you create an account, you may opt out of receiving email news and updates from Red Basket other than transactional activity. You may also opt out of permitting Red Basket to share your email address and name with third parties to receive communications from the third party. You may unsubscribe by changing your profile options (account holders only) or by using the link found on the email message to unsubscribe. If you use Guest Checkout, you are not able to opt out of receiving email news and updates, but you are able to unsubscribe within the emails received.
Once you create an account, you will have a public profile consisting of your display name, bio, and avatar, all of which is information volunteered by you. You may choose to remain anonymous, but if you do not choose to remain anonymous, your display name will default to your first name unless you enter a different display name. You may also choose to have a bio and custom avatar displayed on your public profile page but these are not required. If you do not select a custom avatar, then a generic one will be displayed on your profile page.
a) Guest Checkout
A Giver can either create an account or donate as a Guest. If a Giver chooses to donate as Guest, then Giver must provide a valid email address in order to receive a tax receipt. In no instance will Red Basket reproduce tax receipts or donor history for Givers who donate as Guest.
If you use Guest Checkout, you are not able to opt out of receiving email news and updates, but you are able to unsubscribe within the emails received.
Woodmen Member Match is not available through Guest checkout.
(9) ADDITIONAL PROVISIONS SPECIFIC TO ASKERS, ADVOCATES AND TRUSTED PARTNERS
Any individual, entity or organization that submits an Ask is subject to the following additional terms of these Terms & Conditions that apply specifically to Askers, Advocates and Trusted Partners.
By submitting an Ask as an Asker or on behalf of an individual as an Advocate or Trusted Partner, you warrant and represent that:
(a) You are a U.S. Citizen, and not a minor; (b) All information you provide to Red Basket is truthful, current, complete and accurate and you will update the information to maintain its accuracy; (c) You are raising money for an Ask that complies with all applicable federal, state and local laws and regulations; (d) You understand and agree that information identifying you (other than contact information) and the Ask will be published on RedBasket.org to promote the core need you have identified; (e) You will use all donated funds solely for the Ask you have identified, and under no circumstances may you use the funds for any other purpose; (f) You agree to provide clearly identifiable documentation (receipts, bills, insurance statements, hospital statements, invoices, bids, work orders, bills of sale, etc.) that substantiates the proper usage of the funds; (g) You will provide updates with the progress and outcome of your Ask through use of Red Basket Ask updates; (h) If you are a non-profit organization you: (i) have tax-exempt status under section 501(c)3 of the Internal Revenue Code; (ii) are registered with the Guidestar database, (iii) agree that all proceeds must be used for the published individual, family or community Ask and that no proceeds will be used for the organization’s general expenses.
Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the Service.
You understand and agree that there is no guarantee or expectation that Red Basket will be able to meet your goal in full. The success of your Ask relies solely on the generosity of others.
On occasion, seed funds may be granted to new, published Asks when a sufficient pool of funds exists. Seed funds are granted as available & on a first come, first served basis and are not guaranteed to all Asks.
If the Asker is a natural person, you understand and agree that, in the event you die at or before the Ask is completed by reaching a predetermined funding goal or deadline, the funds will be paid to your beneficiary. The beneficiary is your spouse, if living, otherwise your surviving children in equal shares, otherwise your estate.
Depending on the type of request you submit, you may need to provide additional information, authorizations or documentation at the discretion of Red Basket, including, but not limited to, the following:
Acts of Nature, Natural Disasters or Accidents
- Photos or video of damages
- Photos or video of individual affected
- Assessment by reputable assessor of damages incurred.
- Insurance claims EOB
- News reports
- Copies of relevant bills
- Proof of ownership of affected property
- Photos or video of individual affected
- Insurance claims EOB
- Proof of medical condition such as doctors signed statement.
- Representative medical bills
- Documentation of other private or public assistance applied for and/or received.
- News reports if applicable.
Community Improvement Projects
- Picture(s) and/or video of damages or property to be improved
- Proof of ownership (property deed, loan documents, utility bills sent owner at address)
- Insurance Explanation of Benefits (if available)
- Damage assessment by insurance claims adjuster or other reputable assessor.
- Repair bills (if any)
- Schematic/renderings of improvement plans if available
- Contractor bids (if any)
- Copy of permits needed
- Scanned news stories or links to online news media regarding the event.
- Two – three personal references.
- Signed waiver from property owner.
- Documentation of any other private or public assistance applied for and/or received.
- Ask must have a definition of ‘done’, and an out clause if you do not raise sufficient funds to support completion of the Ask. (ex. Funds will be used to complete phase I or a scaled back version of original proposal).
Advocates must submit a signed Advocate Designation form, which authorizes the Advocate to act on behalf of the Asker to disclose the information regarding their situation, as necessary for publishing and vetting on Red Basket.org.
If Asker is deemed legally incompetent or incapacitated, then signed permission from legal guardian or power of attorney, as well as proof of legal guardianship or power of attorney authority will be required in order for an individual to Ask on behalf of another.
A Trusted Partner must sign a Trusted Partner Agreement and receive authorization by Red Basket to act as a Trusted Partner. Trusted Partners must submit a signed Trusted Partner Designation form, which authorizes the Trusted Partner to act on behalf of the Asker to disclose the information regarding their situation, as necessary for publishing and vetting on Red Basket.org. If Asker is deemed legally incompetent or incapacitated, then signed permission from legal guardian or power of attorney, as well as proof of legal guardianship or power of attorney authority will be required in order for an individual to Ask on behalf of another.
(10) ADDITIONAL PROVISIONS SPECIFIC TO GIVERS
Any individual, entity or organization that registers for a Giver account or donates as Guest is subject to the following additional terms of these Terms & Conditions that apply specifically to Givers.
(a) You are a U.S. Citizen, and not a minor; (b) all information you provide to Red Basket is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and (c) Any donation you make is legal in your jurisdiction. Red Basket will not be held liable for any loss or damages due to non-compliance.
You choose what information you provide, including contact and personal information, interests and causes. You control the sharing of information by selecting whether or not you prefer to remain anonymous on your profile.
Red Basket serves as an intermediary between Givers and Askers. After an Ask has been completed by reaching a predetermined funding goal or deadline, Red Basket remits donated funds to the Asker. Donations made through Red Basket are nonrefundable. After Red Basket transfers funds to the Asker, all further dealings are solely between the Giver and such organizations and individuals.
Good Deeds Cards expire 12 months after purchase. Any unused funds will convert to an undesignated Red Basket donation which Red Basket will contribute to a story at its discretion. Good Deeds Cards are not redeemable for cash. Good Deeds Cards may be considered tax deductible to the purchaser of the Good Deeds Card only.
You acknowledge that you are making a non-conditional donation to Red Basket, a not-for-profit corporation. Red Basket will make every attempt to honor your request in its distribution of the funds you have donated. Red Basket retains the sole power and ability to direct, re-direct or otherwise distribute funds in a manner deemed appropriate by Red Basket, in its sole discretion, and in furtherance of its not-for-profit status.
Red Basket makes no representations or warranties regarding the accuracy of any information contained in the profile and Ask pages. You use the Site entirely at your own risk. Red Basket does not warrant that a User who receives donations for an Ask will use the funds in a manner specified in their Ask description. If you have any reservations regarding the legitimacy of a particular Asker or fundraising event, DO NOT DONATE.
Red Basket is a Section 501(c)(3) organization under the Internal Revenue Code. Your donation qualifies as a charitable deduction for federal income tax purposes. Consult with your tax advisor or the IRS for tax advice. When you provide a valid email address, Red Basket will provide you with an electronic receipt at the time of your donation for your personal accounting and tax purposes, as you determine appropriate.
If you are a good standing member of Woodmen of the World Life Insurance Society and/or Omaha Woodmen Life Insurance (“Woodmen”), you may be eligible to qualify for a limited matching donation grant. Matching grants are limited to an annual amount of $25.00 for each Giver who donates $25.00 or more. The matching grant is administered at the sole discretion of Woodmen. Red Basket does not guarantee payment of matching grants for donations. Woodmen Member Match is not available through Guest checkout.
(11) USER CONDUCT
THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, do not use the Site.
You understand and agree that Red Basket may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of these Terms & Conditions.
As a condition of your use of the Site, you will not use the Site for any purpose that will violate applicable federal, state or local law or regulation or is otherwise unlawful or prohibited by these Terms.
In connection with your use of the Site, you further agree:
- (i) Access to the Red Basket Materials and the Site from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy;
- (ii) Your use of any of the Red Basket Materials other than for use approved by Red Basket is strictly prohibited;
- (iii) You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site;
- (iv) You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- (v) You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
- (vi) You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- (vii) You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
- (viii) The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- (ix) You may not utilize framing techniques to enclose any trademark, logo, or other Red Basket Materials without our express written consent;
- (x) You may not use any meta tags or any other "hidden text" utilizing the name of the Site or associated trademarks or Red Basket’s name or trademarks without our express written consent;
- (xi) You may not post or send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- (xii) You may not submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to use the material and to grant Red Basket all of the license rights granted herein;
- (xiii) You may not publish falsehoods or misrepresentations that could damage Red Basket or any third party;
- (xiv) You may not submit material that is unlawful, false, inaccurate, misleading, defamatory, libelous, threatening, pornographic, harassing, hateful, racially/ethnically or religiously offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- (xv) You may not harvest or otherwise collect information about users, including email addresses, without their consent; or
- (xvi) You may not impersonate another person or entity.
(12) YOUR PROPRIETARY MATERIAL
You own all your trademarked materials provided by you in connection with your use of the Red Basket Service. By using the Site, you grant to Red Basket a nonexclusive, royalty-free transferable, fully paid-up worldwide license to use, copy, display, transmit, publish and distribute your trademarked materials for the sole purpose of providing the services described in these Terms & Conditions. You also grant Red Basket the right to include your name and logo in press releases as well as other announcements on the Site. Red Basket obtains no other right, title or interest in your trademarked materials except as set forth herein.
(13) OUR PROPRIETARY MATERIAL
Red Basket and its licensors shall retain all intellectual property rights in the software, data, design, tools and any other material or content developed or provided by Red Basket pursuant to these Terms & Conditions including but not limited to the Red Basket Service, and all data, pictures, videos, text, sound, graphics, logos, marks, symbols, digital materials and any and all other content provided by Red Basket.
Red Basket, Inc., Red Basket, RedBasket.org, the Red Basket logo and any other product and service names that we may present on the Site are trademarks or registered trademarks of Red Basket, Inc. Other trademarks, service marks or logos that appear on the Site may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any Red Basket or third-party trademarks without first receiving the express permission of both Red Basket and the Trademark owner.
Red Basket, the non-profit organizations acknowledged as Trusted Partners with Red Basket and third-party providers collectively own all material and content of this Site. All such content is protected under intellectual property and proprietary rights laws. You may use the Site and its content and materials only for the purposes stated in these Terms & Conditions. You may copy such content for your own personal, non-commercial use only, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Site’s content including but not limited to text, graphics, logos, sound, images, photographs, video, or software is permissible without the express written consent of Red Basket and where applicable, the copyright holder.
(16) DISCLAIMER OF WARRANTIES
Red Basket makes no warranties regarding the safety of the Site and the accuracy of the content on the site. Red Basket retains the right to restrict the use of the Site for any reason and at any time.
Except as otherwise expressly provided, all content, information, services and tools on this Site are provided on an “As Is”, “As Available” basis. Use of this Service is solely at your own risk. RED BASKET EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. RED BASKET MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. To the extent permissible by law, Red Basket expressly disclaims any and all other warranties. Red Basket shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any user on any applicable federal or state tax return.
(17) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL RED BASKET AND ITS AFFILIATES, ITS LICENSORS, OR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RED BASKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, RED BASKET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree at your expense to indemnify, defend and hold harmless Red Basket and its affiliates from any and all loss, damage or liability including reasonable attorney’s fees arising from any third-party claim, action or allegations of infringement based on your use or misuse of the Site. Red Basket reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Red Basket in asserting any available defenses.
(19) PARTNER SERVICES
The Site may provide links to third-party websites or services and may link you automatically to sponsor’s or third-party’s websites or services. Red Basket provides such links solely as a convenience to you. Red Basket does not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
(20) CONTENT ON WEBSITE
You are solely responsible for the content you post on the Site including but not limited to photos, text, videos, graphics, and personal profiles. Information, ideas or opinions posted by users of the Site do not necessarily reflect our views and Red Basket does not take any responsibility for the accuracy of any information, ideas or opinions posted by users. Red Basket shall not be liable for any damages or losses resulting from such information, ideas or opinions.
(21) INTEREST EARNED AND TAXES
Disbursement of funds will be made when the Ask is closed. Although Red Basket does not charge Givers or Askers for the organization’s administrative expenses, any interest earned on the balance of funds donated prior to disbursement of the funds to the Asker will be used to offset Red Basket’s administrative expenses.
Askers have full responsibility for all applicable taxes for funds paid.
(22) VIOLATIONS AND TERMINATION
You agree that Red Basket, in its sole discretion and for any or no reason, may terminate your use to all or part of the Site and any account (or any part thereof) you may have at the Site, and may remove and discard all or any part of your profile and account or any Ask at any time without notice. Any funds an Ask has received and that have not been transferred to the Asker will be forfeited and the Givers will receive a gift certificate to donate to another Ask of their choice on RedBasket.org. These remedies are in addition to any other remedies Red Basket may have at law or in equity.
You agree that Red Basket shall not be liable to you or any third-party for any such termination. Red Basket reserves the right to withhold and/or cancel donations to Askers prior to termination.
(23) USER COMMUNICATIONS
(24) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We take protection of copyrights very seriously. Pursuant to Title 17, United State Code, Section 512(c), notifications of claimed copyright infringement should be sent in writing to Red Basket’s designated agent whose contact information appears directly below:
Red Basket, Inc.
1700 Farnam St., Omaha, NE 68102 - 2007
Inquiries not relevant to claims of copyright infringement will not receive a response.
(25) RESOLUTION OF DISPUTES
These Terms & Conditions shall be governed by the laws of the state of Nebraska. You agree that any disputes or claims arising out of or in connection with these Terms & Conditions shall be adjudicated in Douglas County, Nebraska. YOU AND RED BASKET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any controversy or claim arising out of, or relating to, these Terms and Conditions, or the breach thereof, shall be settled by BINDING ARBITRATION in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Douglas County, Nebraska. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Except as explicitly stated otherwise, legal notices shall be served on the Site’s registered agent or to the email address you provide to the Site as part of the user account. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
(27) ENTIRE AGREEMENT
These Terms & Conditions constitutes the complete and entire understanding and agreement between Red Basket and you in connection with your use of this Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and Red Basket including prior versions of these Terms & Conditions.
The services hereunder are offered by Red Basket, Inc., 1700 Farnam Street, Omaha, NE 68102 - 2007.