Effective Date: August 28, 2020
By using the PayPal Generosity Network (“Generosity Network”), you agree to these terms and conditions (“Terms”). In these Terms, we use the terms “PayPal” or “we” to refer to PayPal, Inc. These Terms govern your use of the Generosity Network, as described below, and supplement the PayPal User Agreement which governs your use of your PayPal account and the PayPal services. By using the Generosity Network, you agree to comply with all the terms and conditions in these Terms and all other terms and policies linked or otherwise referenced in these Terms, all of which are incorporated by reference into these Terms. We may terminate, cancel, suspend, amend, or otherwise modify these Terms at any time consistent with the User Agreement, subject to applicable law. By continuing to use the Generosity Network after any changes to these Terms become effective, you agree to abide and be bound by those changes.
The Generosity Network is a service offered by PayPal as a platform to you (“Campaign Creator”) to create a campaign on the Generosity Network to raise money for yourself or for others in need (“Campaign”), and for contributors to a Campaign (“Donors”) to contribute funds (“Donations”) to a Campaign. All Campaigns must comply with these Terms. PayPal reserves the right to remove or restrict the creation or publication of any Campaign that does not comply with these Terms.
You may create one Generosity Network Campaign at a time. The maximum amount that may be collected on a Generosity Network Campaign is $20,000 USD. You must have verified your identity with PayPal and your PayPal account must be in good standing to create a Generosity Network Campaign. Your PayPal account must remain in good standing throughout the entirety of the Campaign. Campaigns may only last up to 30 days.
If you collect Donations on behalf of someone else other than yourself, you agree to deliver all of the Donations to the ultimate beneficiary as soon as possible. You agree to provide us with any information we may request and that we deem necessary to verify your compliance with these Terms, including information and/or documentation that proves you have the authority to collect Donations on behalf of a beneficiary and how the Donations will be transferred to the beneficiary.
PayPal disclaims all liability and responsibility for the outcome or success of a Campaign. Campaign Creators accept the risk and accept that the Campaign may not be successful or that the Campaign may experience changes, delays, or unforeseen challenges. PayPal does not guarantee or represent that Donations will be used as described in the Campaign or that the Campaign will achieve its goals.
You may only raise money for the following purposes:
Campaign Creators shall accurately and honestly describe what the Donations will be used for, and the Campaign Creator must use the Donation for the purpose(s) stated in the Campaign. The Campaign Creator is solely responsible for any false, inaccurate, or misleading Campaign or Campaign Content (defined below), and for any misuse of Donations.
The use of the Generosity Network, including use of Campaign Content, is subject to PayPal’s Privacy Statement.
When the Campaign you create is published, your name, PayPal profile photo, and the total amount you have collected will be publicly displayed on the Campaign, in addition to any other images, video, and/or information that you add when creating or modifying your Campaign.
We will include and display your Campaign on the Generosity Network which shall allow others to search for Campaigns by zip code, category, keywords, etc. The Campaign and all its contents will be publicly available until it is removed from the Generosity Network. After the Campaign expires, the Campaign will automatically be removed from the Generosity Network; the Campaign will still be viewable from its unique link, but the donate button will be disabled without the ability to reactivate.
In addition, unless a Donor chooses to be anonymous, a Donor’s name and donation amount will be publicly displayed on the Generosity Network Campaign.
Even if a Donor elects to be publicly anonymous, the Campaign Creator will see a Donor’s details.
In addition to the Prohibited Activities and Activities Requiring Approval in the PayPal Acceptable Use Policy, you may not post any content within the Campaign (“Campaign Content”) that:
If you create a Campaign to support others in need, please be respectful of their privacy. You need to ensure that intended beneficiaries consent to their name being used, their photo or likeness being displayed, etc.
Campaign Content remains the property of the Campaign Creator. The Campaign Creator hereby grants to PayPal and its affiliated companies and users a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others, and otherwise use your Campaign Content, and associated intellectual property and publicity rights, in connection with the operation of the Generosity Network or the promotion, advertising, or marketing thereof, in any form, medium or technology now known or later developed.
As a Campaign Creator, you further represent and warrant that: (1) you have all the licenses, rights, consents, and permissions in your Campaign Content necessary to make this license and grant, and (2) Campaign Content is accurate and does not and will not infringe any third party’s intellectual property right, proprietary right, privacy right, confidentiality, right of publicity, or otherwise violate these Terms or applicable law.
When you collect Donations through a Generosity Network Campaign, the Donations will be held in your PayPal account and use, transfer, or withdrawal of the Donations are governed by the PayPal User Agreement, including, as applicable, the PayPal Cash and PayPal Cash Plus Terms and Conditions.
Your Generosity Network Campaign is not a separate account with PayPal and it is not a bank account, collective investment, investment, or savings account, and is not eligible for FDIC insurance. You will not earn interest on Donations you collect with a Generosity Network Campaign. Campaigns are intended for short-term use. They are not meant to be used for long-term or indefinite holding of funds.
You may not use the Generosity Network for the explicit or implicit purpose of or involving:
a) any activity or purpose that violates any laws;
b) any activity prohibited or restricted by PayPal’s Acceptable Use Policy or that PayPal deems in its sole discretion to be objectionable;
c) any attempt to collect Donations for activities, individuals, entities, or countries embargoed or blocked by any government, including those subject to comprehensive United States sanctions law or that violate any applicable sanctions laws;
d) any attempt to collect Donations for a minor without the permission of the minor’s guardian;
e) a political campaign or otherwise for the benefit of a political party, political figure, or candidate for office;
f) supporting or encouraging criminal activity or violence, including human trafficking or exploitation;
g) the sale of goods or services;
h) a political campaign or otherwise benefiting a political party, political figure, or candidate for office;
i) marketing or promotional purposes;
j) activities generally performed by law enforcement;
k) securities, investment opportunities, debt or equity, revenue sharing, annuities, investments, loans, etc.
You may not:
a) support individuals associated with alleged financial crimes including corruption, bribery, tax evasion, fraud, or other similar activities;
b) seek or accept any compensation in relation to your Campaign;
c) accept any Donation that you know or suspect to be erroneous, suspicious, or fraudulent;
d) publish or use content or information that violates the Campaign Content Standards (see above);
e) offer any incentive, return, interest, benefit, “rewards”, or “perks” in return for a contribution to your Campaign;
f) falsely assert, suggest, or imply that contributions to the Campaign are tax deductible;
g) post private, confidential, or proprietary data or information about a third party, without the express consent of that third party;
h) engage in any other activity that is prohibited by the PayPal User Agreement, including the Acceptable Use Policy, or that PayPal deems in its sole discretion to be objectionable.
Campaign Creators or other people benefiting from the Donations are solely responsible for assessing, collecting, reporting, or remitting all taxes, duties, levies, charges or assessments applicable or payable in connection with contributions made to the Campaign.
Donations made to a Campaign are generally not tax-deductible under applicable law. PayPal does not offer any tax advice regarding Donations. Before using the Generosity Network, you should consult your own tax, legal, financial, or other advisor as appropriate.
If you set up a Generosity Network Campaign, you need to ensure compliance with all applicable laws (including, for example, applicable consumer protection laws and state and federal laws on fundraising).
All Donations to a Generosity Network Campaign are done at the Donor’s own risk and PayPal bears no liability whatsoever in this regard. It is the Donor’s responsibility to understand how the Donation will be used and by whom. The Campaign category is provided as a convenience and not a guarantee. Donors cannot rely on PayPal to determine whether any Campaign category or Campaign Content may be inaccurate. If the Donations are not used for the stated purpose, the Donor’s only recourse is against Campaign Creator. PayPal is not obliged to monitor whether the use of the Donations is in accordance with the stated use. PayPal has no liability whatsoever towards any beneficiary of the Campaign.
PayPal may remove a Campaign and its contents at any time.
If we have reasons to believe that you have engaged in any activities which violate these Terms, the PayPal User Agreement, or PayPal’s Acceptable Use Policy, we may not only remove your Campaign, but also hold the Donations in your PayPal account, or limit, suspend, or close any and all PayPal services.
PayPal’s additional rights are set out in section “Actions We May Take if You Engage in Any Restricted Activity” of the PayPal User Agreement.
As of the Effective Date, you will not be charged any fees for creating the Campaign.
As of the Effective Date, we will not charge any fees for sending or receiving money in USD within the United States.
However, we will continue charging cross-border fees, currency conversion fees, and chargeback fees.
The fee arrangement in this section will remain in place for a limited time. We may extend this time, or later elect to charge fees, by amending these Terms as set forth herein.
All Donations are final and will not be refunded. Donor may contact the Campaign Creator directly to request a refund. PayPal has no obligation to participate or become involved in any dispute between Donor and Campaign Creator regarding any refund.
You own the money in your PayPal account. However, you may not use Donations for purposes other than the stated purpose of your Campaign as listed on the Generosity Network Campaign.
PayPal is under no obligation to monitor the use of the Donations collected on the Campaign and will incur no liability whatsoever if the Donations are not used in accordance with the stated purposes of the Campaign. PayPal is not liable and assumes no rights, title, or obligations in relation to the Donations collected in the Campaign which are personal payments received by you from your Donors. Any disputes with Donors in relation to the Campaign or your use of the Donations are your responsibility and no right, title, or interest arises in the Donations by the Donors who make the personal payment at their own risk.
However, if you believe a Campaign or Campaign Creator is not using the Donations for the stated purpose, you can use the “report” button on the Campaign to alert us to the potential issue for further review.
We respect the intellectual property of others and require that PayPal users and users of the Generosity Network comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion without incurring any obligation or liability to do so, limit or terminate the use of our products or services for users who use or publish content on the Generosity Network that is subject to intellectual property rights claims.
PayPal will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your intellectual property rights have been infringed by content on the Generosity Network platform, you may request a removal of this content from our website by submitting a DMCA notification to firstname.lastname@example.org, by using this form, or by submitting a DMCA notification to:
Attn: PayPal Acceptable Use Policy
2211 North First Street San Jose, CA 95131
Fax number: 1-402-537-5774
If you believe that content you posted on the Generosity Network was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA.
We may terminate an infringer’s access to PayPal products or services in our sole discretion and we have a policy to terminate PayPal accounts of repeat infringers.
If your PayPal account goes negative, and you have funds which have been, will be, or are being paid into your separate e-money Balance because of a Generosity Network Campaign, PayPal reserves the right to set off your negative balance by drawing upon such funds up to the amount that you owe, and/or by exercising any of PayPal’s set off rights pursuant to the User Agreement.
You shall be bound by these Terms when you accept them by following the instructions on the Generosity Network website or mobile application. Thereafter, these Terms will continue until terminated by either of us. If you breach these Terms at any time, we reserve the right to terminate, suspend, or take any other action related to your PayPal account and we may suspend your access to or remove your Campaign from the Generosity Network in our sole discretion. After termination of these Terms, we will exercise reasonable efforts to promptly remove your Campaign from the Generosity Network.
In the event the Generosity Network is terminated, we will maintain existing Generosity Network Campaigns until they expire or are removed.