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Donation Dash Terms of Service

(Last updated on February 7, 2021)

New York Life Insurance Company and its affiliates ("we," "us," or "our") own, operate, or direct the operation of this website and related software and mobile applications. These Donation Dash Terms of Service (the “Terms”) govern your use of and access to any of our website, services, software, or mobile applications (collectively, “Donation Dash” or the "Donation Dash Services").

Please read these Terms before using Donation Dash. By using or accessing Donation Dash, or registering an account for Donation Dash, you agree to these terms. These Terms are a binding legal agreement between us and you.

* If you do not agree with these Terms, please do not use Donation Dash. *

 

GENERAL

You represent and warrant you are of legal age in your jurisdiction to form a binding contract.  If you are not of legal age, you represent and warrant that you are over the age of 13 and you’ve received your parent’s or guardian’s permission to use Donation Dash and your parent or guardian has agreed to these Terms on your behalf.  Children under age 13 may not use Donation Dash.

You acknowledge that we have made you aware of our Privacy Notice, which explains how we collect, use, and share information.

 

DONATION DASH GAMEPLAY

Donation Dash is a basketball shooting simulation game that also provides participants the opportunity to support the Boys and Girls Clubs of America. Participants earn points that can be associated with a chapter of the Boys and Girls Clubs located near the primary campus of a participating college or university. At the end of the promotion, the New York Life Foundation will make grants to the chapters, with the largest donation going to the chapter whose college or university earned the most points in Donation Dash.

New York Life Insurance Company is solely responsible for the final decisions for the conduct of Donation Dash. The New York Life Foundation is solely responsible for making contributions to the respective Boys and Girls Clubs of America chapters. 

 

ACCESS TO DONATION DASH

You may have to sign up for an account and select a password and unique username ("User ID") to access certain features or functions of the Donation Dash Services. You promise to provide us with accurate registration information about yourself.  We may require you to change your User ID or may change your User ID.

You are responsible for ensuring that others do not use your account. You must not share your account or password with anyone. You must protect the security of your account and your password.

If you provide inaccurate registration information, or we suspect such information is inaccurate, we may deny you access to the Donation Dash Services or terminate your account.   We may assume that you made any communications we receive from your account.

Laws in your jurisdiction may impose certain responsibilities on you and your use of the Donation Dash Services. It is your responsibility to ensure that you follow all applicable laws and regulations when you use the Donation Dash Services.

 

CONSENT TO RECEIVE PHONE CALLS AND TEXT MESSAGES

By providing Donation Dash with a cell phone number and authorizing the transmission of a text message, you expressly agree and confirm that (a) you are the cell phone’s subscriber or authorized user, or (b) you have the permission of the subscriber or authorized user to provide the cell number so that a text message may be transmitted.  You agree further that Donation Dash may call or text you or the subscriber or authorized user at that number with information about downloading the Donation Dash app. These calls or texts may be made using an automatic dialing system or prerecorded voice message.  You or the subscriber or authorized user of the cell phone will receive only a single text message with an invitation to join the platform and will automatically be blocked from receiving future text messages, By enrolling in Donation Dash, you agree that you will maintain up-to-date contact information with Donation Dash, including your current home and cell phone number, and email address, and that you will notify Donation Dash immediately of any changes to your phone number(s) or email address.

 

YOUR CONTENT

You may have the ability to post or upload video, images, audio, messages, and documents (collectively and including your User ID, "Content") to Donation Dash. Your User ID may be associated with, and you are responsible for, all Content uploaded, posted, emailed, transmitted, or otherwise disseminated to or through the Donation Dash Services in connection with your account or User ID.

You represent and warrant that: (a) you own the intellectual property rights in your Content or otherwise have the right to post your Content, and (b) the use of your Content in connection with the Donation Dash Services does not violate any person’s privacy rights, publicity rights, copyrights, contract rights, trade secrets, other rights of confidentiality or intellectual property, or any other rights.

By uploading, posting, or transmitting your Content to or through Donation Dash, you grant us a non-exclusive, worldwide, perpetual and irrevocable, sub-licensable, fully paid and royalty-free, right to use, re-use, distribute, store, delete, translate, copy, modify, display, sell, and create derivative works from your Content to provide the Donation Dash Services to you and for all the uses set forth in these terms and the Privacy Notice. We do not claim or acquire ownership of your Content or of any intellectual property rights in your Content.

You are responsible for backing up your Content outside the Donation Dash Services to avoid loss of your Content and other data.

We may pre-screen, reject, move, edit, or remove any Content from the Donation Dash Services in our sole discretion. If you see Content you believe violates our Terms, please email contact@NYLDonationDash.com.

We are a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230. We do not control and are not responsible for your Content or other users' Content. By using Donation Dash, you may be exposed to Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We do not verify, adopt, ratify, or sanction Content provided by any users. You bear all risks associated with your reliance on the accuracy, completeness, or usefulness of Content provided by users.  We reserve the right, but have no obligation, to monitor disputes between you and other users.

We may access, use, preserve, or disclose your Content to law enforcement authorities, government officials, or third parties if compelled to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to:

  • comply with law, regulation, legal process or reasonable governmental request;
  • enforce these Terms, including investigation of potential violations;
  • detect, prevent, or otherwise address security, fraud, or technical issues; or
  • protect the rights, property or safety of Donation Dash, its users, a third party, or the public.

We may store Content that has been deleted to comply with certain legal or regulatory obligations.

 

DONATION DASH OWNERSHIP, LICENSES, AND OPERATIONS

We, our licensors, or our designated third parties own all right, title, and interest in the Donation Dash Services, including all information, documents, logos, graphics, designs, and images other than Content provided by you or other users. The Donation Dash Services are protected by copyright, trademark, and other intellectual property and proprietary information laws of the United States, as well as international conventions and the laws of other countries. 

Subject to these Terms, you may access and use the Donation Dash Services, and you receive a limited, non-exclusive, non-transferrable, non-sublicensable license to any mobile application or software we make available to access and use the Donation Dash Services, exclusively for your private, personal, non-commercial use.  You may not copy, reproduce, sell, distribute, display, modify, publish, download, decompile, disassemble or otherwise reverse engineer the Donation Dash Services or Content provided by other users, create or promote a website with hyperlinks to any page beyond the Donation Dash homepage (a/k/a “deep linking”), or frame the Donation Dash website or any web page or material contained within the Donation Dash Services without our express written permission. You represent and warrant you are not located in a country subject to a U.S. Government embargo, or that has been the U.S. Government has designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

It is our intent to regularly protect and keep secure our systems, but we are not responsible for any damages or loss that may result from the hacking or infiltration of our websites or computer systems.

 

RESTRICTIONS

Regardless of the purpose or reason, you may not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You must not provide any Content or access or use the Donation Dash Services in any way that:

  1. violates any law, ordinance, or regulation, or infringes or violates the intellectual property rights or any other rights of anyone else;
  2. is harmful, inaccurate, fraudulent, deceptive, threatening, harassing, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable;
  3. jeopardizes the security of any Donation Dash account, or attempts to obtain another user's password, account, or other security information;
  4. violates the security of any computer network, or cracks any passwords or security encryption codes;
  5. runs processes or services that may interfere with, disable, defraud, or overburden the Donation Dash Services or other’s use of the Donation Dash Services;
  6. degrades or discriminates against others based on gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification;
  7. constitutes or promotes sexually explicit or pornographic material, violence, or any illegal acts, or impedes or otherwise prohibits communication or disrupts user discussion;
  8. promotes affiliate programs, multi-level marketing schemes, sites repurposing existing stories, or other content unrelated to the Donation Dash Services;
  9. promotes or makes available any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  10. provides a cell phone number for which (a) you are not the subscriber or authorized user, or (b) you do not have the permission of the subscriber or authorized user to provide.

 

TERMINATION

We may terminate (or suspend) your use of the Donation Dash Services or your account, for any reason, including breach of these Terms.  If we terminate your account, your Content may be deleted at our discretion and you may not be able to retrieve any Content or other account information after termination.

 

NO REPRESENTATIONS OR WARRANTIES

THE DONATION DASH SERVICES ARE PROVIDED ‘AS IS.’ WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE DONATION DASH SERVICES. WE DO NOT WARRANT THAT THE DONATION DASH SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DONATION DASH WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES THAT YOU INCUR IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE DONATION DASH SERVICES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS.

YOU USE THE DONATION DASH SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE CONNECTIVITY TO THE DONATION DASH SERVICES AND PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE.

THESE LIMITATIONS OF LIABILITY APPLY FULLY TO ALL PERSONS ACCESSING OR USING THE DONATION DASH SERVICES OR CONTENT, INCLUDING NEW JERSEY RESIDENTS. IF ANY PORTION OF THIS SECTION IS FOUND INVALID UNDER NEW JERSEY LAW, THAT INVALIDITY WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE LIMITATIONS OF LIABILITY OR OF THE TERMS GENERALLY.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

You agree that you will indemnify and defend us from and against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) relating to any claim brought against us by any third party and resulting from any use of or access to the Donation Dash Services associated with your User ID or from any Content associated with your User ID. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you will cooperate with us in asserting any defenses.

 

NOTIFICATION OF INFRINGEMENT

We respect the intellectual property rights of third parties and comply with the terms of the Digital Millennium Copyright Act regarding such rights. If you believe that any portion of the Donation Dash Services infringes copyrights in your independent work of authorship, you may send written notification to our Designated Agent:

DMCA Designated Agent
c/o Office of the General Counsel, Head of Technology, IP, and Strategic Sourcing
51 Madison Avenue
New York, NY 10010
By Email: DMCA_Agent@newyorklife.com

To be effective under U.S. copyright law (17 U.S.C. § 512(c)), the notification must include: 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient for Donation Dash to locate the material; 
  • Information reasonably sufficient to permit Donation Dash to contact the complaining party, such as an address, telephone number, and, if available, an email address; and
  • 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 statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that the notification process is valid only with respect to a claim of copyright infringement. Messages related to other matters will not receive a response through this process. 

 

CHANGES TO THE TERMS AND THE DONATION DASH SERVICES

We may revise these Terms at any time by updating this page. If we materially change these Terms, we will make reasonable efforts to notify you.  We will do so by placing a notice on the www.newyorklife.com/donationdash website, notifying you through the Donation Dash Services, sending an email, or another means. If you use the Donation Dash Services after such changes, you acknowledge and agree to the changes. Please check these Terms for updates.

The Donation Dash Services may change. We may discontinue any part of the Donation Dash Services, introduce new features, impose limits on features, restrict access to the Donation Dash Services, or remove any Content from the Donation Dash Services at any time, for any reason, and without notice.

 

JURISDICTION AND CHOICE OF LAW

The Donation Dash Services are provided from facilities in, and are intended exclusive for use in, the United States of America.

These Terms are made under and governed by the laws of the state of New York, without giving effect to any principles of choice of law or conflicts of law.

 

SEVERABILITY, SURVIVAL, AND ENTIRE AGREEMENT

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining terms of use and will not affect the validity and enforceability of any remaining provisions.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. For example, the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.

These Terms are the entire agreement between you and us relating to your use of Donation Dash.  These Terms supersede any other prior or contemporaneous communications between you and us and may not be modified except as set forth in these Terms. Any other purported modification or waiver of these terms will be void and of no effect.

 

PRIVACY

Please see our Privacy Notice for information regarding the collection and use of personal information collected through the Donation Dash Services.

 

CUSTOMER SERVICE

Questions about these Terms, or other requests or questions about the Donation Dash Services, should be directed to:

Donation Dash
New York Life Insurance Company
51 Madison Avenue
New York, NY 10010
Att: Marketing
By Email: contact@NYLDonationDash.com