SourceForge.net Donation System Terms of Service
THESE ARE THE TERMS AND CONDITIONS UNDER WHICH GEEKNET, INC. ("COMPANY") OFFERS YOU ACCESS TO THE SOURCEFORGE.NET DONATION SYSTEM, A "SERVICE" THAT FACILITATES REMITTANCE OF DONATIONS TO SOURCEFORGE.NET USERS VIA THE INTERNET. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO COMPANY, AND "YOU" AND "YOUR" REFER TO YOU.
1. ACCEPTANCE OF TERMS
We provide our services to you under the terms and conditions set forth in our most current version of our Terms and Conditions of use for SourceForge.net ("Terms") found at http://sourceforge.net/tos/tos.php, which we may update from time to time without notice to you.
This Service -- the SourceForge.net Donation System -- may be used by a SourceForge.net user ("Donor") to make a donation via electronic funds transfer to a designated receiver ("Donee").
In connection with the SourceForge.net Donation System, COMPANY will offer you the ability to use the credit card processing services of CyberSource?, Inc., a Delaware corporation having its principal offices at 1295 Charleston Rd., Mountain View, CA 94043 ("Credit Card Processor"). COMPANY relies upon the Credit Card Processor to maintain all necessary licenses and permits required by the laws and regulations of the countries from which the payments are sent and as may otherwise be applicable. COMPANY is not affiliated with the Credit Card Processor, as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
3. FURTHER SERVICE UNDERSTANDINGS
Donor may utilize any medium of donation acceptable to Credit Card Processor or PayPal, as applicable, such as Visa and MasterCard? debit cards, American Express or other credit cards, or electronic checks (together, "Donation Medium"). COMPANY, the Credit Card Processor and/or PayPal, in such entity's sole discretion, may refuse or limit the amount to be transferred, either on a per transaction basis or on the basis of the aggregate transferred by any single Donor during a particular period selected. COMPANY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.
COMPANY will require Donor to provide certain information to allow it and/or Credit Card Processor or PayPal, as applicable, to, among other things, verify the Donor's identity, ascertain accurately the identity and location of the Donee, obtain the appropriate Donation Medium authorization, and to comply with all applicable laws and regulations ("Government Regulations").
Under no circumstances will COMPANY permit the transfer of funds for illegal purposes or in violation of Government Regulations, including without limitation, transfer of funds to organizations and persons prohibited from receiving such funds by the U.S. Treasury Department or another country's government.
COMPANY does not disclose nonpublic personal information about SourceForge.net users to anyone for the purpose of marketing or soliciting third party products or services. COMPANY may disclose some or all of the nonpublic personal information described above to independent contractors and service providers for the purposes of processing requested transactions. Its agreements with these service providers contain confidentiality provisions and restrictions on using this information for any other purposes.
Access to non-public personal information about Donors and Donees, including transaction history, is restricted to COMPANY employees, independent contractors, or service providers who need to have access to that information to process the funds transfer transactions. COMPANY may also disclose certain information as required or permitted under applicable law, for example, to government agencies. It maintains physical, electronic and procedural safeguards that comply with United States government and other country's standards to guard its users' nonpublic personal information.
See the SourceForge.net Privacy Statement at http://www.sourceforge.net/tos/privacy.php
In consideration for the use of the service, you, the Donor, agree to pay to COMPANY fees for each donation initiated by you at the applicable rate then in effect as indicated on accompanying parts of our web site. These fees are shown to you prior to your acceptance of the authorization and charge to be made to your Donation Medium. The fees charged by COMPANY may include amounts payable to Credit Card Processor or PayPal, as applicable, and handling and service charges and fees for using the SourceForge.net Donation System. These fees are not surcharges for the use of Donation Mediums, and may be charged to the Donor regardless of the form of donation. The fees and the principal amount must be paid before the transaction is processed.
6. TRANSFER OF FUNDS
To remit funds, there must be a valid authorization of your donation by the Donation Medium, and the transaction must be acceptable to and accepted by the Credit Card Processor or PayPal, as applicable, and COMPANY who reserve the absolute right to reject the transaction and/or (if a charge has already been made but before delivery occurs) to refund the money.
The availability of funds is subject to events beyond the control of COMPANY and PayPal, such as civil disturbances, weather conditions, delays caused by failures in telecommunications and technological processes, distance from delivery centers to the address and location of the Donee, acts of God or other recognized //force majeure//. Moreover, if the Donee cannot be located, or if delivery cannot be effected, COMPANY will cause a cancellation of the transaction and a refund of the money in full to the Donor, consistent with applicable law.
A Donor may request a cancellation of the transaction only if the request is received by the Credit Card Processor or PayPal, as applicable, or the SourceForge.net Donation System sufficiently prior to delivery of the funds to the Donee, so that COMPANY may make reasonable effort to effect such requested cancellation.
The SourceForge.net Donation System will notify the Donor of the delivery of the funds to the Donee.
Once delivery has been made pursuant to the orders of the Donor, under no conditions may the Donor cancel, negate, charge back or contest the donation.
7. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services, or access to the services, other than as provided within the scope of the services.
Please report any violations of the Terms to the SourceForge.net Support Manager at staff@….