Updated October 2010

Welcome to the Terms & Conditions (“Terms”) for Mira Scholars Foundation (“Mira,” “we,” “our, ” or “Website”). Please note that by registering with and/or donating to Mira, you are acknowledging you have read and understand the policies and practices detailed below. Happy reading!

1. Terms

1.1

In order to become a User (“you” or “donor”) of Mira and to enjoy the service provided and features available on the Website, you must read and accept all the Terms. Mira may require that you agree to additional terms and conditions as part of any registration process and/or for particular service offerings, which Mira may make available from time to time.

In the event of any inconsistency between these Terms and Terms updated later, then the new Terms shall take precedence. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These terms apply to the Website, as well as email newsletters or notifications, events, archives, and any content related to Mira. If you do not agree these Terms, do not use this website.

1.2

Mira may modify these Terms from time to time without notice, and such modification shall be effective upon posting by Mira on Mira’s Website. You agree to be bound to any changes to these Terms when you use Mira after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

2. Description of Mira

2.1

Mira is an online fundraising platform designed for charitable purposes, specifically, to provide non-governmental organizations with funding to support education related programs and projects directly impacting youth; and to provide individuals a means to donate to these programs and projects.

3. Use of Mira

3.1

Your use of all Mira’s services is governed by these Terms. Mira may, at its absolute discretion, refuse you access to Mira’s services and/or cancel/terminate your registration/use without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination.

3.2

Residents of any jurisdiction, state, or country in which any aspect of Mira is in conflict with local laws are not eligible to use Mira. Mira makes all reasonable efforts to ensure that Mira’s services comply with all local laws that we are actually aware of, but you are responsible to ensure that you are in compliance with your local laws.

3.3

When you sign up to become a User, you will be asked to choose a password. You agree not to use the account or password of another User at any time or to disclose your password to any third party. You agree to notify Mira immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

3.4

To use and access Mira, you must complete the account creation process. You are responsible for maintaining the confidentiality of your account and password, and are fully responsible for all activities that occur under your account or password. You agree to immediately notify Mira of any unauthorized use of your account or password or any other breach of security. Mira cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.5

You verify that as a User, you are at least 18 years of age. If younger than 18, you verify that you have acquired the permission of your parent or guardian to use this Website.

4. Non-commercial Use

4.1

Mira may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Mira. Illegal and/or unauthorized use of Mira, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of this Website, is prohibited.

4.2

You are prohibited from selling, trading or otherwise transferring your Mira account to another party.

5. Prohibited Activity

5.1

You agree to act in a responsible and legal manner when using the Mira. You shall comply with all applicable laws, regulations and rules and undertake not to use Mira for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Website or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.

5.2

You agree not to use Mira to:

1. create a false identity on the Website, impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person or entity;

2. use Mira for any illegal purpose, including but not limited to spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or cause annoyance, inconvenience or anxiety to other Internet users.

3. upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or which infringes any intellectual property rights;

4. disguise the origin of any communication transmitted through this Website;

5. interfere with or disrupt Mira or servers or networks connected to this Website and/or Mira, or disobey any requirements, procedures, policies or regulations of networks connected to this Website and/or the Mira.

5.3

Mira reserves the right to investigate and take appropriate legal action against anyone who, in Mira’s opinion, violates these Terms, including, without limitation, reporting you to appropriate law enforcement authorities.

5.4

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

5.5

Use of manual or automated software, devices or other processes to crawl or spider any web pages contained on this Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to frame or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

5.6

Mira reserves the right to remove any material posted which is, in its sole opinion, in breach of this clause, or which it suspects to be in breach of this clause at its absolute discretion. Mira shall be entitled to terminate your registration for breach of this clause.

5.7

All materials published on the Website may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Mira.

6. Content

6.1

In the course of using the Website, you may provide information about yourself which may be visible to other Users (see our Privacy Policy below to learn more about information collected on this Website and our uses of such information).

6.2

You understand that by posting materials (photos and/or information) on the Website or otherwise providing materials to Mira, you are granting to Mira a worldwide, royalty-free, perpetual, irrevocable, transferable license to use all such materials and information in the course of offering Mira. Furthermore, you understand that Mira retains the right to reformat, excerpt or translate any materials and information submitted by you. You waive any and all rights that may subsist in any materials that you provide to Mira.

6.3

You represent and warrant that: (i) you own the information/materials posted by you on or through Mira or otherwise have the right to grant the license set forth in this section 6, and (ii) the posting of your information on or through Mira does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you to or through Mira.

6.4

You understand that all materials and information publicly posted or privately transmitted through Mira is the sole responsibility of the person from which such content originated and that Mira shall not be responsible or liable for any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any content on this Website.

6.5

You understand that Mira cannot guarantee the identity of any other Users with whom you may interact in the course of using the Website. Additionally, Mira cannot guarantee the authenticity of any data which Users may provide about themselves or relationships they may describe.

6.6

Mira contains content of Users and other Mira licensors and you shall respect the intellectual property rights of others.

6.7

Mira may delete any content that in the sole judgment of Mira violates these Terms or which may be offensive, illegal or violate the rights of, harm or threaten the safety of any person.

6.8

Mira assumes no responsibility for monitoring the Website for inappropriate content or conduct. If at any time Mira chooses, at its sole discretion, to monitor the Mira Services, Mira nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User submitting any such content. In the event that such monitoring may involve the processing of your personal data, Mira will notify you that such monitoring is taking place.

6.9

You are solely responsible for the content that you post on or through Mira. Mira does not endorse and has no control over such content. User content is not necessarily reviewed by Mira prior to posting and does not necessarily reflect the opinions or policies of Mira. Mira makes no warranties, express or implied, as to the content or to the accuracy, integrity and reliability of the content or any material or information that you transmit to other Users.

6.10

Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, you may be exposed to content that you find offensive or objectionable. You can contact us at contact@mirascholars.org to let us know of content that you find objectionable.

6.11

We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action.

6.12

You are permitted to print and download limited extracts from the Website for your own use provided that:

1. no documents or related graphics on the Website are modified in any way;

2. no graphics on the Website are used separately from corresponding text; and

3. Mira’s copyright and trademark notices and this permission notice appear in all copies.

6.13

To summarize the information directly related to photos that you post on Mira’s website, the User may not post obscene, distasteful, pornographic, or potentially pornographic pictures or other information. Once photos or pictures are uploaded to Mira’s site, Mira has the authority to use these materials in anyway deemed fit for development or promotion of Mira.

7. Intellectual Property

7.1

Mira contains Intellectual Property (“Mira IP”), which is the proprietary property of Mira. This includes, but is not limited to, copyrights and information about technology and may be provided in the form of text, graphic, audio and video downloads, links or source codes. Mira retains the rights to the Mira IP and reserves all rights in respect of same.

7.2

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and the material displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

7.3

All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are protected by United States and international copyright laws, and are owned and controlled by Mira. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the Mira Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.

7.5

The Mira IP is provided by Mira on an “as is” basis, and Mira expressly disclaims, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Mira IP. To the extent permitted by applicable law, Mira excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Mira IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

8.Mira Communications

8.1

In the course of providing you with information related to Mira, we may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of Mira. You also agree to have your name listed in the header of certain communications which you initiate through the Mira.

9.Termination

9.1

You agree that Mira may, with or without cause and/or prior notice, immediately terminate your Mira account and your access to any part of Mira. Without limiting the foregoing, the following will lead to a termination by Mira of your use of the Mira Services: (a) breaches or violations of these Terms or other incorporated Mira agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems or (e) extended periods of inactivity.

9.2

Termination of your Mira account includes removal of access to all offerings within the Mira services and may also bar you from further use of the Mira services. Furthermore, you agree that all terminations shall be made at Mira’s sole discretion and that Mira shall not be liable to you nor any third party for any termination of your account or access to the Mira Services.

10.Indemnification

10.1

By accepting these Terms, you agree to indemnify and otherwise hold harmless Mira, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the Mira Services; (ii) unauthorized access to or alteration of your communications with or through the Mira Services or (iii) any other matter relating to the Mira Services. Any business transactions which may arise between Users from their use of the Mira Services are the sole responsibility of the Users involved.

11.Governing Law

11.1

These Terms will be governed by and construed in accordance with the laws of the United States without regard to conflict of laws principles and you agree to submit to the exclusive jurisdiction of the US courts. The English language version of these Terms shall take precedence over any translated versions thereof in the event of any inconsistencies.

12.Links

12.1

You may create links to this Website on the basis that you link to, but do not replicate, this Website, and subject to the following conditions:

1. You do not remove, distort or otherwise alter the appearance of the Mira logo;

2. You do not create a frame or any other browser or border environment around this Website;

3. You do not in any way imply that Mira is endorsing any products or services other than its own;

4. You do not misrepresent your relationship with Mira nor present any other false information about Mira;

5. You do not link from a website that is not owned by you; and

6. Your website does not contain content that is distasteful, offensive or infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

12.2

The contents of the Website may also include links to our affiliate organizations’ websites. Mira is not responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, or relying on third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply Mira’s endorsement of the site or any association with its operators.

13. Donations

13.1

Mira has ultimate authority to use contributions made to Mira at Mira’s discretion for purposes consistent with exempt purposes.

13.2

You are making a donation to Mira Scholars Foundation using credit or debit card as the payment method. Online donations are processed by PayPal. All donations are non-refundable. Your donation is not redeemable for merchandise, services, cash, or any other benefit.

13.3

In circumstances where a donation has been made on this website by the unauthorized use of your payment details, then we are required to refund to you this money provided that you inform your financial institution and Mira of the unauthorized payment as soon as possible.

13.4

There are various charges incurred when you make a donation – including charges by credit card companies, banks and payment service providers. These charges vary depending on many factors including your location, payment method and donation size and currency. Applicable service fees will be deducted from online donations at the time they are made on Mira’s site.

13.5

You will receive an electronic receipt from Mira for your donation. You will also receive confirmation from our 3rd party credit card processor for your donation. Please keep both receipts for your personal and tax records. The implications from a tax perspective of donating to a charity will vary from country to country, and donors should consult the relevant authorities in their own jurisdiction for guidance on these matters.

13.6

You acknowledge that Mira sends all designated funds to our affiliate organizations, making our best effort to ensure fiscal responsibility of each donation. Every organization has ultimate discretion, however, in the use of funds received from Mira.

13.7

Your donation will be held in a bank account until such time as Mira forwards the donation(s) to our affiliate organizations at intervals agreed upon by Mira and that charitable organization.

14. Disclaimers

14.1

While Mira endeavors to ensure that the information on this Website is correct, Mira does not warrant the accuracy and completeness of the material on the Website. Mira may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and Mira makes no commitment to update such material.

14.2

Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of this Website, or by anyone who may be informed of any of its contents.

14.3

Under no circumstances shall Mira be responsible for any loss or damage, resulting from use of Mira, attendance at a Mira event, from any content posted on or through Mira, from the conduct of any User of Mira, whether online or offline, or damage arising as a result of any bugs, trojan horses, viruses, worms or other harmful codes or errors experienced as a result of accessing Mira.

14.4

To the fullest extent permitted by applicable law, Mira shall not be liable to any User under contract, tort, equity or otherwise for any loss or damages arising out of Mira’s connection with the User’s use of the Website or the provision of services by Mira, whether any of the foregoing are, without limitation, special, incidental, indirect, punitive or consequential and/or whether any of the foregoing are, without limitation, occasioned by the negligence, fault, error, omission, act, or breach of Mira, its employees, contractors or sub-contractors. Without prejudice to the generality of the foregoing, under no circumstances shall Mira be liable to any User for any consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, administrative time or loss of use of data or software, howsoever arising.

14.5

This website and all material on the website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, Mira expressly disclaims all and shall not be deemed to have given any warranties, express or implied (by law or otherwise), other than as set out in these terms.

14.6

Mira cannot guarantee and does not promise specific results from use of the Website.

14.7

Part of this Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. Mira takes no responsibility for third-party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers. Mira will not be responsible for any error or inaccuracy in advertising materials.

14.8

Mira assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.

14.9

While Mira endeavors to ensure that the Website is normally available 24 hours a day, Mira is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Mira. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Mira’s control.

14.10

Mira reserves the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. The User agrees that Mira shall not be liable to them or any third party for any modification, suspension or discontinuation of the Website.

15. General Terms

15.1

These Terms are accepted upon your use of this Website or any of Mira and is further affirmed by you becoming a User.

15.2

These Terms (together with any New Terms) constitutes the entire agreement between you and Mira regarding the use of this Website.

15.3

The failure of Mira to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

15.4

These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to Mira and you.

15.5

You may not assign, sub-contract or otherwise transfer these Terms, in part or in entirety, without the prior written consent of Mira.

15.6

Nothing in these Terms shall create or be deemed to create a partnership, joint venture or relationship of employer and employee of any kind between Mira and you.

15.7

Mira shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.

16.Privacy and Disclosure

16.1

Use of Mira is also governed by our Privacy Policy, listed here in section 16. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Mira may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is necessary to comply with legal process, enforce these Terms or protect the rights, property or safety of Mira, its Users and the public.

16.2

As part of Mira’s website registration and donation process, you will be asked to provide biographical information. Mira uses this information only to notify you of updates, changes, or regular necessary communication in line with your account and donation(s).

16.3

You may be asked to provide demographic information. We use demographic information purely to understand Mira’s users better and enhance the website accordingly.

16.4

You will be asked to provide financial information – your credit card or debit card – (including card type, card number and expiration date) and billing address through PayPal. By donating to Mira, you acknowledge that you have read and understand that processor’s terms and conditions, and privacy policy.

16.5

Should you choose to invite friends to use Mira, you will be asked to provide their email addresses. These addresses will be used only to send them an email invitation to join Mira. These addresses will be stored in Mira’s database and never released to a third party. Should your friends wish to be removed from Mira’s database, they may send a written request to contact@mirascholars.org.

16.6

By registering with Mira, you are agreeing to receive periodic email updates and notifications about our services. Should you wish to opt out of these notifications, you may send a written request to contact@mirascholars.org.

16.7

Mira will not release any information including the names, addresses, email addresses, telephone numbers, credit/debit card numbers or other personal information submitted to Mira, either online or through any fundraising event, unless authorized by the named individual or required by law to do so.

16.8

Mira disclaims liability for any personal information or passwords released through no fault of Mira. This includes information obtained illegally from this site by an unauthorized third party.

16.9

You personal data is held on secure servers. Given the vast scope of the internet, Mira can never guarantee 100% complete privacy, but does commit to protecting against internet hacking to the best of our abilities. . If you believe your information has been taken illegally, please let us know by writing to contact@mirascholars.org.

16.10

We may provide non-personal data to third parties such as potential operational sponsors or researchers. This information may include the number of unique users to Mira, user demographics, or the activities that Mira’s visitors engage in while on our website.

16.11

If Mira believes sharing your non-standard non-personal data will be beneficial to our programs and services, a Mira staff member will contact you requesting use of this non-standard data collection.

16.12

All content on this site is owned by Mira. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice.

16.13

Mira is GDPR compliant. We do not sell or give your data to any third party. All information is protected through an SSL certificate.  We use the information you provide to process credit/debit card transactions and to research basic demographic information.  Your name, contact information, donation amount and date will remain under Mira’s secured system throughout the lifetime of the non-profit. Mira does not store credit card information.  Should you have a question or complaint, please email us at the address below.

17. Contacting Mira

17.1

Please contact us at contact@mirascholars.org with any questions regarding these Terms.

And Finally!

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