Terms of use

Terms of use

Your Agreement to these Terms of Use

Welcome to Milkywire! Thanks for stopping by our Terms of Use section. It contains important information, so please have a careful read-through and make sure you understand it all.

These Terms of Use concern all users of the Milkywire App, which is distributed on the AppStore and on Google Play, and users of www.milkywire.com (collectively referred to as the “Services”), which are provided by Milkywire AB, org. ID No. 559156-8018, having its registered address at Karlbergsvägen 7, 113 27 Stockholm, named in these terms as "Milkywire", "we" or "us". All uses of "you" refers to you as a user of the Services.

The Services

Milkywire provides an online crowdfunding platform, made available through the Services, that allows users to make targeted monetary donations to support the work and projects carried out by individuals working for screened not-for-profit organizations around the world (individually referred to as "Impacter" and collectively as “Impacters”). Impacters receive contributions from users through the Milkywire Foundation (the “Foundation”), a charitable foundation registered in Sweden, org. ID No. 802526-9328, that disburses funds raised from donors via the Services. Milkywire acts as a facilitator, enabling the marketing, fundraising and follow-up thereof through the Services. For avoidance of doubt, neither Milkywire nor the Foundation provide any legal, financial, tax or other professional advice. In addition, Milkywire is not a financial institution, broker, creditor, a 501(c)(3) nonprofit organization or other form of charity.

By using our Services, you agree to the legally binding terms set out in this agreement (the “Terms”) together with our Privacy Notice and Cookie Policy. You also agree to follow other rules related to the Services, like our Community Guidelines. If you don't agree to this set of terms and rules, you may not access or use the Services.

We continuously work to improve our Services, and may change or revise our Terms, Privacy Notice and Cookie Policy from time to time. By continuing to use the Services after the effective date of the change you accept the new Terms, Privacy Notice and Cookie Policy.

By accepting these Terms, you also agree to comply with all applicable national or international laws and regulations.

Who may use our Services

To sign up for an account with Milkywire and use the Services, you must be at least 18 years old. If you are under the legal age, but are at least 16 years old, you may only use the Services with the approval of a parent or a guardian, in which case you must notify said parent or guardian of any change we make to these Terms.

User accounts

To access the Services in full you must have an account. The account is either created directly on the platform or through a third party service (currently Facebook and Google) from which personal information you provided to that third party, such as your name, email address and other information your privacy settings on that third party service allow us to access, will be used for the purpose of creating your MIlkywire account.

You are responsible for safeguarding your Milkywire login credentials, and the activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account (support@milkywire.com).

Use of Services

Through the Services you get access to a community of Impacters. We believe in people doing great things and we also believe in you, doing great things in our Services. Therefore you may not:

  • harass, intimidate, defame, abuse, threaten other users or Impacters

  • post or promote content containing sexually explicit material, violence or discrimination on the basis of someone's race, sex, religion, nationality, disability, sexual orientation or age

  • distribute, license, transfer or sell any of the Services or part thereof

  • spam or solicit our users or Impacters

  • use the Services, without our written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement

  • use content from our Services unless you obtain permission from its owner or are otherwise permitted by law

  • use or attempt to use another's account, service or system without authorisation from Milkywire, or create a false identity on the Services

  • use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful

  • make unauthorised copies, modify, adapt or create any derivative works of the Services or any content

  • make unauthorised copies, modify, adapt or create any derivative works of any source code, algorithms, methods or techniques embodied by the Services

  • reverse engineer or access the Services for competitive reasons using ideas or features similar to the Services, or copying features or other visual contents of the Services.

We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.

Please refer to our Community Guidelines for general information on how you should behave on our platform.

Donations

Milkywire provides the Services where users can follow Impacters and make monetary contributions to their projects. Impacters submit projects to Milkywire that, upon review and subject to approval, are published and made available on the Services. Through the Services, donors make monetary contributions to the Foundation, which in turn disburses grants to Impacters. Thus, a donation via the Services is always made directly to the Foundation.

For avoidance of doubt, when you make a monetary contribution ("Donation") on the Services, your instructions with regards to the receiving Impacter or Impacters will be followed by Milkywire and the Foundation, as long as the Impacter or Impacters remain eligible to receive donations through the Services. In the event an Impacter, to whom you have instructed that a Donation shall be directed in part or in full, has not lived up to their reporting commitments or legal obligations towards Milkywire and its partners, that Impacter will be removed from your Donation. If you do not have any other Impacters included in your Donation, we will allocate the amount to a general fund where your Donation will be distributed evenly across all Impacters made available through the Services. If you have provided Milkywire with an email address, you will be informed about the change.

If you have other Impacters included in your Donation, the donation amount will be allocated evenly to said other Impacters. Through the Services, we may offer you the option to donate a monetary contribution on a recurring basis (“Monthly Donation”), and by choosing to participate in such a feature you acknowledge that the Monthly Donation will include recurring donations and is renewed automatically for successive renewal periods of the same duration as the initial term, unless and until you actively opt out of the Monthly Donation, which can be done via the Services or by email (support@milkywire.com). During the full duration of the consecutive Monthly Donation periods you grant Milkywire the authorization to bill your selected payment card of the applicable donation amount on a periodic basis until you terminate the recurring donations by opting out of the Monthly Donation, and you agree to maintain up to date and accurate payment information on your account. If you decide to change the recurring donation amount or terminate the Monthly Donation, it will only apply to donations that take place after Milkywire receives notice of such changes or termination. By not terminating your Monthly Donation prior to a scheduled donation, you extend Milkwire’s continued authorization to bill your selected payment card for the Monthly Donation in accordance with these terms. When you make a Donation through the Services, you agree to provide us with the information required by our payment processing partners to proceed with the transaction (“Payment Information”). You also agree to adhere to all applicable conditions in our processing partners’ terms of service (currently Stripe, Inc. and Klarna Bank AB (publ)). All information regarding payments and transactions will be handled in accordance with our Privacy Notice. By providing us with the Payment Information you grant Milkywire, or our payment processing partners the right to bill your selected payment card for any Donation made and other fees associated with your use of the Services included but not limited to, transaction fees and applicable platform fees. Neither Milkywire nor the Foundation offers refunds on any Donation. As a user, you acknowledge and agree that it is your responsibility to ensure that you understand the financial, legal and tax implications before making a decision related to the Services and its contents, and that all information and content accessed by you using the Services is at your own risk. If you are uncertain about the financial or tax implications of making a Donation, you should consult with relevant professional advisors as appropriate.

All information and content provided by Milkywire relating to the Impacters’ projects and the Services is solely for general information purposes, and while Milkywire is committed to deliver the highest quality possible experience of the Services, we cannot guarantee the accuracy, completeness, timeliness or reliability of any such information or content.

Privacy Notice

Please refer to our Privacy Notice for information on how we collect, use and process information from our users.

Respecting Copyright and trademarks

We respect the intellectual property rights of others, and expect nothing less from you.

Milkywire honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to prompt remove from our Services any infringing material that we become aware of. If Milkywire becomes aware that one of its users has repeatedly infringed copyrights, we will terminate the user's account immediately.

Users should notify Milkwire if they become aware of or suspect copyright infringement while using the Services.

These Terms do not grant you to share any material which does or may infringe trademark or other intellectual property or privacy rights of any other person without their consent.

For clarity, intellectual property rights include but are not limited to, all patents, inventions, patent applications, unpatented inventions, design rights, copyrights, trademarks, tarde names, service names, domain name rights, as well as all forms of protection of a similar nature anywhere in the world.

Termination

We may terminate your access to and use of the Services at any time and without notice or liability to you. Reasons for termination might be that we find content objectionable, in violation of these terms or our community guidelines.

You may cancel your account at any time by sending an email to us at support@milkywire.com.

Whistleblower policy

Milkywire is committed to the highest possible standards of openness, honesty and accountability. In line with those commitments, we expect all users, Impacters and employees who have serious concerns, past or present, about any aspect of the Services or its contents, including but not limited to proof, or justifiable suspicion, of unethical, inappropriate or corrupt practices of anyone in the Milkywire Team or any of the Impacters featured on the Services, to come forward and voice such concerns, either through the Services or via email (hello@milkywire.com). For avoidance of doubt, you, as a user, have the right to remain anonymous with regards to any whistleblowing communication with us, and any personal information about you will be kept strictly confidential.

Indemnification

You agree to indemnify on demand and hold Milkywire and its affiliates, and their directors, employees, officers, parent organizations, subsidiaries, agents and attorneys harmless from any and all damages, losses, claims, liabilities, costs, and expenses, including attorneys’ fees, fines, rights, actions of any kind and injury (including death) arising out of or relating to your access to and use of the Services, or to the access and use of the Services by someone using your Milkywire account, and/or your violation of these Terms of Use.

Warranty disclaimer

YOU USE OUR SERVICES AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED AND MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY KIND OF WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. MILKYWIRE AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS  AND REPRESENTATIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY USAGE OF TRADE, COURSE OF PERFORMANCE, OR COURSE OF DEALING. MILKYWIRE MAKES NO WARRANTY OR REPRESENTATION WITH REGARDS TO FINANCIAL TRANSACTIONS, INCLUDING BUT NOT LIMITED TO, DONATIONS. NO ADVICE OR ANY INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MILKYWIRE OR THE FOUNDATION SHALL CREATE ANY WARRANTY.

Limitation of liability

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MILKYWIRE, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES:

  1. RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES;

  2. RESULTING FROM YOUR INABILITY TO ACCESS OR USE THE SERVICES;

  3. FOR ANY LOST PROFITS OR LOSS OF DATA; OR

  4. FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY THROUGH THE SERVICES.

General terms

Unless you have entered into a separate agreement with Milkywire or the Foundation, the Terms of Use, together with the Privacy Notice and the Community Guidelines, constitute the entire agreement between you as a user and Milkywire, and supersede all other communications, oral, written, or otherwise between you and Milkywire with respect to the Services. For clarity, any failure of either party to this agreement to exercise any right provided for in the Terms, shall in no way be considered a waiver of said right.

This agreement shall be governed by and will be construed in accordance with Swedish law. Any dispute, controversy or claim arising out of or in connection with this agreement, shall be settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be in Stockholm, Sweden. As a user, you accept and agree that Milkywire shall not bear responsibility for any disputes between users, or users and Impacters, and you acknowledge that your account may be suspended as a result of such disputes.

Final points

These terms are personal to you, and cannot be sublicensed, assigned or otherwise transferred by you to another party.

We welcome feedback, comments and suggestions for improvements to the Services by emailing us.

By submitting ideas, suggestions, documents and/or proposals to Milkywire or its employees, you acknowledge and agree that Milkywire shall be entitled to use or disclose such submissions for any purpose in any way without providing compensation or credit to you.

That’s it! If you have any questions or comments that you’d like to share with us, don’t hesitate to reach out (support@milkywire.com). We hope you’ll enjoy the Milkywire universe as much as we do.

Last updated: 11 May 2020

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