Terms of Service & Privacy Policy

1. Terms of Service

1.1 Acceptance of Terms

By accessing or using the We're Giving platform ("Platform"), operated by Games For Love, Inc. ("GFL," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.

We reserve the right to update these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform. Continued use of the Platform after changes constitutes acceptance of the revised Terms.

1.2 Account Creation

To use certain features of the Platform, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and current.
• Maintain the security of your password and accept responsibility for all activities that occur under your account.
• Immediately notify us of any unauthorized use of your account.

You must be at least 18 years of age to create an account. Accounts registered on behalf of a facility must be created by an authorized representative of that facility.

1.3 Acceptable Use

You agree not to use the Platform to:

• Submit false, misleading, or fraudulent project information or donation requests.
• Impersonate any person or entity, or falsely represent your affiliation with a facility or organization.
• Upload content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Upload photos of identifiable minors without proper consent and photo release documentation.
• Attempt to interfere with, compromise, or disrupt the Platform or its infrastructure.
• Collect or harvest personal data of other users without authorization.
• Use automated tools, bots, or scrapers to access the Platform without our written consent.

Violation of these terms may result in immediate account suspension or termination, at our sole discretion.

1.4 Intellectual Property

The Platform, including its design, text, graphics, logos, and software, is the property of Games For Love, Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any Platform content without our express written permission.

1.5 Limitation of Liability

To the maximum extent permitted by applicable law, Games For Love, Inc. and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Platform, including but not limited to loss of revenue, data, or goodwill.

The Platform is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Platform's reliability, availability, or fitness for a particular purpose.

1.6 Dispute Resolution

Any disputes arising under these Terms shall be governed by the laws of the State of Washington, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington.

1.7 Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability) shall survive.

2. Privacy Policy

2.1 Information We Collect

We collect the following types of information to operate the Platform and provide our services:

Information You Provide:

• Account registration information: name, email address, phone number, role, and password.
• Facility information: facility name, address, type, and contact details.
• Project information: titles, stories, photos, videos, budget items, and associated metadata.
• Donation information: donor name, email, donation amount, and payment method (processed by our payment partner).
• Communications: messages, feedback, and support requests you send to us.

Information Collected Automatically:

• Device and browser information (type, version, operating system).
• IP address and approximate geographic location.
• Usage data: pages visited, features used, time spent, and referral sources.
• Cookies and similar tracking technologies (see Section 2.3).

2.2 How We Use Your Information

We use the information we collect to:

• Operate, maintain, and improve the Platform.
• Process donations and provide tax receipts.
• Verify facility eligibility and vet project submissions.
• Communicate with you about your account, projects, or donations.
• Send newsletters, impact updates, and promotional materials (with your consent).
• Detect and prevent fraud, abuse, and security incidents.
• Comply with legal obligations and enforce our Terms.

2.3 Cookies and Tracking

We use cookies and similar technologies for analytics and functionality purposes. Specifically:

• Essential Cookies: Required for Platform functionality such as authentication and session management.
• Analytics Cookies: Google Analytics (GA4) is used to understand Platform usage and improve our services. Google Analytics collects anonymized usage data and does not identify individual users.

You may control cookie preferences through your browser settings. Disabling essential cookies may impair Platform functionality.

2.4 Third-Party Services

We use the following third-party services to operate the Platform:

• Supabase: Database hosting, authentication, and file storage. Supabase processes and stores your account and project data in accordance with their privacy policy.
• Cloudflare: Content delivery, DDoS protection, and platform hosting. Cloudflare may collect technical data to provide security and performance services.
• Pledge.to / Payment Processors: Donation processing. Payment data is handled directly by our payment partners and is not stored on our servers.
• Google Analytics: Website analytics to understand user behavior and improve the Platform.

We do not sell your personal information to third parties. We share information with third parties only as necessary to provide our services, comply with legal obligations, or protect our rights.

2.5 Data Security

We implement industry-standard security measures to protect your information, including encryption in transit (TLS/HTTPS), secure authentication, and access controls. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

2.6 Data Retention

We retain your information for as long as your account is active or as needed to provide services. Donation records are retained as required by applicable tax and nonprofit regulations (typically seven years). You may request deletion of your account by contacting us at privacy@gamesforlove.org.

2.7 Your Rights

Depending on your jurisdiction, you may have the right to:

• Access the personal information we hold about you.
• Request correction of inaccurate information.
• Request deletion of your personal information (subject to legal retention requirements).
• Opt out of marketing communications at any time.
• Request data portability.

To exercise any of these rights, contact us at privacy@gamesforlove.org.

2.8 Children's Privacy

The Platform is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided personal information to us, please contact us at privacy@gamesforlove.org and we will promptly delete such information.

Photos and stories of children featured in projects are submitted by authorized facility representatives and are subject to the Photo & Media Release terms below.

3. Photo & Media Release

3.1 License Grant

By uploading any photographs, videos, or other media ("Media") to the Platform, you grant Games For Love, Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from such Media for the following purposes:

• Displaying the Media on the Platform in connection with the associated project listing.
• Marketing and promotional use, including social media, email newsletters, press releases, annual reports, and partner communications.
• Fundraising activities, including donor communications, grant applications, and crowdfunding campaigns.
• Operational use, including internal reports, impact measurement, and program documentation.

This license survives termination of your account. You may request removal of specific Media by contacting media@gamesforlove.org, and we will use commercially reasonable efforts to remove such Media from the Platform and active marketing materials, though we cannot guarantee removal from all previously distributed materials, cached versions, or third-party platforms that may have shared the content.

3.2 HIPAA Compliance and Photo Releases

Specifically, the uploading party represents and warrants that:

• All required HIPAA authorizations have been obtained for any protected health information ("PHI") depicted in or associated with the uploaded Media.
• Written photo release and consent forms have been obtained from the legal guardians of all identifiable minors depicted in the Media.
• The Media does not contain any PHI beyond what has been expressly authorized for disclosure.
• The uploading party has the legal authority to grant the license described in Section 3.1.

3.3 Limitation of Liability for Media

Games For Love, Inc. shall not be held liable for any unauthorized photographs, videos, or other media uploaded by facility representatives, submitters, or any other users of the Platform. Specifically:

• GFL does not independently verify HIPAA compliance of uploaded Media.
• GFL relies on the representations and warranties of the uploading party regarding proper consent.
• In the event of a dispute regarding the authorization or consent for any uploaded Media, responsibility lies solely with the uploading party.
• The uploading party agrees to indemnify and hold harmless Games For Love, Inc. from any claims, damages, or liabilities arising from the upload of unauthorized Media.

3.4 Reporting Unauthorized Media

If you believe that Media has been uploaded to the Platform without proper authorization, please contact us immediately at media@gamesforlove.org with the following information:

• The URL or description of the Media in question.
• Your relationship to the individual(s) depicted.
• A statement describing why the Media was uploaded without authorization.

We will investigate all reports promptly and take appropriate action, which may include immediate removal of the Media pending investigation.

4. Donation Terms

4.1 The 85/15 Model

We're Giving operates on a transparent funding model:

• 85% of all donations go directly to the funded project, covering equipment, supplies, program costs, and delivery.
• 15% supports Games For Love operations, including platform maintenance, vetting and verification of projects, donor support, impact reporting, logistics coordination, and organizational overhead.

This allocation is applied to each donation at the time it is processed. The exact allocation for each project is displayed on the project page.

4.2 Tax Deductibility

Games For Love, Inc. is a 501(c)(3) tax-exempt nonprofit organization under the Internal Revenue Code. Donations made through the Platform are tax-deductible to the extent permitted by law. You will receive a donation receipt via email for your tax records.

GFL's EIN (Employer Identification Number) will be provided on all tax receipts. Please consult your tax advisor regarding the deductibility of your specific donation.

4.3 Refund Policy

Once a donation is processed, it is generally non-refundable. However, we may consider refund requests in the following circumstances:

• Duplicate or erroneous charges caused by a technical error.
• The project is cancelled before any funds have been disbursed.
• Suspected fraud or unauthorized use of the donor's payment method.

Refund requests must be submitted within 30 days of the donation date by contacting donations@gamesforlove.org. Approved refunds may take up to 10 business days to process.

4.4 Overfunding

If a project receives donations exceeding its funding goal ("Overfunding"), the excess funds will be handled as follows:

• First priority: Upgrade or expand the funded project in consultation with the facility (e.g., additional units, higher-quality equipment, or extended program duration).
• Second priority: Allocate excess funds to similar projects at the same facility.
• Third priority: Distribute excess funds to other high-need projects on the Platform, prioritizing equity-focused and underfunded facilities.

Donors will be notified when a project they have supported reaches its funding goal and how any excess funds will be allocated.

4.5 Project Cancellation

If a project is cancelled before it is fully funded and before any funds have been disbursed, donors will be offered the option to redirect their donation to another project of their choice or receive a refund. If a project is cancelled after partial disbursement, remaining undisbursed funds will be redirected to similar projects on the Platform.

5. Facility Terms

5.1 Eligibility and Vetting

Facilities applying to list projects on the Platform must meet the following requirements:

• Be a licensed healthcare facility, children's hospital, shelter, clinic, Ronald McDonald House, or other organization serving children and young people in medical treatment or care.
• Have an authorized representative submit the project on behalf of the facility.
• Provide accurate facility information, including name, address, and type.
• Consent to GFL's vetting process, which may include verification of facility credentials, review of submitted materials, and follow-up communications.

GFL reserves the right to approve, reject, or request modifications to any project submission at its sole discretion. Approval of a project does not constitute an endorsement of the facility by GFL.

5.2 Accuracy of Information

Facility representatives submitting projects represent and warrant that:

• All project information, including stories, budgets, photos, and beneficiary descriptions, is accurate and truthful.
• The requested items, equipment, or programs will be used for the stated purpose.
• The facility is authorized to receive and use the donated items or funds.
• Any changes in circumstances that affect the project will be promptly communicated to GFL.

Submission of false or misleading information may result in immediate project removal, account termination, and potential legal action.

5.3 Delivery and Fulfillment

Upon successful funding, GFL coordinates the procurement and delivery of project items. Facilities agree to:

• Designate an authorized contact person to coordinate delivery logistics.
• Accept delivery of funded items within a reasonable timeframe.
• Provide photos or documentation of received items and their deployment for impact reporting purposes.
• Use funded items, equipment, or programs exclusively for the stated purpose.
• Not resell, transfer, or repurpose funded items without GFL's written consent.

5.4 Impact Reporting

Facilities agree to participate in GFL's impact reporting process, which may include:

• Providing follow-up photos and stories within 30 days of receiving funded items.
• Responding to periodic check-ins regarding the status and impact of funded projects.
• Sharing anonymized usage data or testimonials for GFL's annual impact reports.

5.5 Indemnification

Facility representatives agree to indemnify, defend, and hold harmless Games For Love, Inc., its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

• The facility's use of the Platform.
• The accuracy of information submitted by the facility.
• Any breach of these Terms by the facility or its representatives.
• Any third-party claims related to photos, media, or content uploaded by the facility.