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Terms of Service

Last Updated: 30th June 2015, Version 1.0

We at Do Me A Favor Buddy (“us, our, DMAFB”) run the websites called domeafavorbuddy.com and dmafb.me

This Terms of Service governs the use of the services offered by DMAFB on the website and/or mobile applications. Such services, website and/or mobile applications together are hereinafter referred to as the “Service.” Please read these Terms of Service, the DMAFB Privacy Policy available here carefully (the “Privacy Policy”), and the Community Guidelines (the “Community Guidelines”) available here before using the Service.

Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy and the Community Guidelines and your representation that you are 18 years of age or older. If you object to anything in these Terms of Service, the Privacy Policy or the Community Guidelines please do not use the Service. The Privacy Policy and Community Guidelines are incorporated by reference into these Terms of Service and these Terms of Service and the Privacy Policy and Community Guidelines together are hereinafter referred to as this “Agreement”. We hereby reserve the right to change these Terms of Service (or our Privacy Policy or the Community Guidelines) from time to time. If we do so, we will update the Terms of Service and, in addition, if you are registered with us, we will send you an email to let you know about any changes to the Terms of Service.

There are some important parts of these Terms of Service that we would like to draw your attention to:

DMAFB provides an online platform where individuals or businesses that need an act of kindness (we call them Favors) and individuals or businesses that are willing to perform such Favors can connect with each other.

Favors requesting help are called Requests, Favors offering help are called Offers.

DMAFB members enter into a direct contract with each other in relation to the Favor to be completed. DMAFB and its affiliates are not a party to that contract so they are not responsible if a DMAFB member does not do what they have said they will do, or if a DMAFB member performs a Favor badly or incorrectly.

1.1 About Creating an Account and Interacting with other DMAFB Members

To sign up for a DMAFB account, you need to be 18 or over. You are responsible for your account and all the activity on it.

To use DMAFB you must register. The information you give us must be accurate and complete. Do not impersonate anyone or use an identity that violates others rights. You are sole responsible for all the activity on your account, and when interacting with other DMAFB members. Our Service provide a platform for members to learn about one another, help each other, bring ideas to life,engage in activities and communicate with one another. DMAFB is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other DMAFB member, person or organization. You are sole responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services. You are sole responsible for keeping your password confidential. If you determine that someone has used your account without permission report it to help@DMAFB.me

Please remember, the DMAFB Services are just a platform that enable you to communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other DMAFB members, so please use good judgment and keep safety in mind when you use our Services.

1.2 Verification of Identity

We cannot and do not confirm each member’s identity. Although we provide tools intended to assist with identity verification (as described in Section 7.), you are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. DMAFB does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality , criminal background, or any information members may submit to the Services (other than the verification tool as described in Section 7.). We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

2. Do Not Do These Things

Do not do any of the following things on this site:

  • Do not break any laws, regulations or policies. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Do not lie or falsify information. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
  • Do not offer prohibited items. Don’t offer any Favors that are illegal, violate any of DMAFB’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
  • Do not victimize anybody. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
  • Do not spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
  • Do not harm anybody’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to DMAFB or another party).
  • Do not abuse other’s personal information. When you use DMAFB – and especially in order to complete a Favor – you may receive information about other users, including things like their names, phone numbers, email addresses, and postal addresses. This information is provided for the purpose of communication and collaboration: don’t use it for other purposes, and don’t abuse it.
  • Do not post Requests and/or Offers which do not belong to yourself.

    We also need to make sure that the Site is secure and our systems function properly. So do not do any of these things:

    • Do not try to interfere with the proper workings of the Services.
    • Do not bypass any measures we’ve put in place to secure the Services.
    • Do not try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to DMAFB or another party.
    • Do not take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
    • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
    • Don’t take apart or reverse engineer any aspect of DMAFB in an effort to access things like source code, underlying ideas, or algorithms.

3. Being Assigned to Complete or Receive a Favor

This section explains the relationship between the creator of DMAFB Favors (Favor Creator) and those assigned to complete or receive DMAFB Favors, and who is responsible for what. This is what you’re agreeing to when you create or are assigned to complete or receive a Favor on DMAFB.

DMAFB provides an online platform where individuals or businesses seeking to obtain Favors and individuals or businesses who are willing to perform/offer such Favors can connect with each other. Anyone who is assigned to a complete or receive a Favor is entering into a direct contract with the Favor’s creator in relation to the Favor to be completed. DMAFB will not be a party to any contracts for Favors and is not responsible for the performance of such contracts by users. Here are the terms that govern that agreement:

3.1 Requests

Step 1:

The Favor Creator creates a Request, selecting the category, subcategory and enters details on the Favor, including but not limited to (i) type, (ii) location, and (iii) deadline

Step 2:

The Favor Creator assigns from the DMAFB members who have nominated themselves to perform the Favor, a user they want to perform the Favor.

Step 3:

Once the Favor has been completed, the Favor Creator will confirm completion of the Favor, and have the chance to write a Review and award points.

When a Request is assigned to a DMAFB member, that member must carry out the Favor until completion. Once that Favor has been confirmed as being completed by the Favor Creator, the DMAFB member assigned to it has satisfied their obligation to the Favor Creator.

Throughout the process, DMAFB members assigned to complete a Request owe the Favor Creator a high standard of effort, honest communication, and a dedication to complete the Favor. At the same time, the Favor Creator must understand there’s a chance something could happen that prevents the DMAFB member assigned, from being able to complete the Favor as promised.

If a DMAFB member assigned to a Request is unable to complete the Favor, they’ve failed to live up to the basic obligations of this agreement. To make things right, they must make every reasonable effort to find another way of bringing the Favor to the best possible conclusion for the Favor Creator. A DMAFB member in this position has only remedied the situation and met their obligations to the Favor Creator if:

  • They write a Note or post an Update that explains what work has been done
  • They work diligently and in good faith to bring the Favor to the best possible conclusion in a timeframe that’s communicated to the Favor Creator;
  • they’re able to demonstrate that they’ve made every reasonable effort to complete the Favor as promised;

3.2 Offers

Step 1:

The Favor Creator creates a Offer, selecting the category, subcategory and enters details on the Favor, including but not limited to (i) type, (ii) location, and (iii) deadline.

Step 2:

The Favor Creator assigns from the DMAFB members who have nominated themselves to perform the Favor, a user they want to perform the Favor.

Step 3:

Once the DMAFB member it is assigned to has accepted the Offer, we convert the Offer to a Request for the DMAFB member, with the Favor Creator automatically assigned to perform it.

The Favor Creator is solely responsible for fulfilling the promises made in their Offer. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by DMAFB members.

4. How Funding Works

DMAFB enables users to raise funds via the creation of Requests called Big Favors. DMAFB charges a Service fee of 4% on all payments collected. All funds donated towards a Big Favor are placed into Escrow and will only be released thirty (30) days from the date of donation.

In addition to DMAFB’s 4% Service fee, users are also agreeing to the terms found below:

  • All fees are deducted from each transaction automatically so you are never billed for anything
  • DMAFB’s payment partner’s fees and commissions may vary slightly based on your location, and are subject to change without notice from us.
  • DMAFB doesn’t offer refunds. Responsibility for meeting a funding goal lies entirely with the Favor Creator. DMAFB places all donations into Escrow for thirty (30) days, after which they are released to the Favor Creator. Donations, including the Service fees portion thereof, are not refundable. If a Favor Creator is unable to perform on any promise and/or commitment to users donating funds, the Favor Creator will work with the users donating funds to reach a mutually satisfactory resolution, which may include the issuance of a refund of donations by the Favor Creator.
  • You’re responsible for paying any additional fees or taxes associated with your use of DMAFB.
  • By using DMAFB, users are representing and warranting that all donations received are being given and being used solely for the purpose(s) stated within the content of the user’s Big Favor. We reserve the right to provide information relating to your Big Favor with donors and beneficiaries of your Favor, and with law enforcement or to assist in any investigation.

5. DMAFB Points

You agree that you have no right or title in or to any DMAFB points you may receive or use in connection with the Service or any other attributes associated with your Account, regardless of how they were obtained. Instead, you receive only a limited right to use those points in connection with certain features on DMAFB, such as “unlocking” functionality.

DMAFB prohibits and does not recognize any purported transfers of DMAFB points outside of the Service, or the purported sale, gift or trade of DMAFB points in the "real world," unless DMAFB expressly authorizes such transfers in writing. Any such transfer or attempted transfer is prohibited and void, and DMAFB may cancel any points transferred, assigned, or sold in violation of these terms and rules. If you delete your account or if we terminate your account due to breach of these Terms, you will lose any accumulated points. If you receive free or promotional points, we may expire them at any time.

DMAFB may change the rules for transferring, receiving, or redeeming points at any time for any reason. DMAFB also reserves the right to stop offering and/or supporting DMAFB points at any time. DMAFB may expire, cancel, modify, or delete your DMAFB points at any time for any reason, including for violations of these terms and conditions, or for no reason without notice to you. DMAFB may cancel any transaction if we believe that the transaction violates any of DMAFB's terms or policies, or for no reason at all.

6. Stuff We Don’t Do and Aren’t Responsible For

We don’t oversee a Favor’s performance, and we don’t mediate disputes between users (so play nice).

DMAFB isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of Favors, and we don’t endorse any content users submit to the Site. When you use the Services, you release DMAFB from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Paid for Services

DMAFB offers you the opportunity to pay for certain services offered on the site. DMAFB’s premium services include verification of your profile by confirmation of accounts at Twitter, LinkedIn, Facebook and PayPal (it is not a guarantee or any member’s identity or good faith) and “highlighting” your profile and Favors so more people find you and increase the likelihood of receiving responses. All of these premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time. Once you have paid for any premium services, they are non-refundable.

We do charge our Service fees (the "Service Fees") to Favor Creators as a portion of the contributions they raise towards Big Favor funding goals. By using the Services users agree to our 4% Service Fees, in addition to any fees from our payments partners.

We will not collect any Service Fees without giving you a chance to review and accept them. If our Service Fees ever change, we’ll announce that on our Site. Some premium services and Service Fees paid by DMAFB members are collected by payment providers. Each payment provider is its own company, and DMAFB isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of DMAFB.

8. Other Websites

If you follow a link to another website, the risk is solely your responsibility and DMAFB reserves the right to permanently exclude a member from using the Services in perpetuity.

DMAFB may contain links to other websites. (For instance, Favor pages, user profiles, and Rants may link to other sites.)When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

DMAFB partners with other companies (such as PayPal) for payment processing. When you fund a Big Favor, you’re also agreeing to the payment processor’s terms of service.

9. Your Intellectual Property

“All your Favors are belong to us?” No! We don’t own the stuff you post on DMAFB. But when you post it, you’re giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it. You’re responsible for the content you post, and you’re vouching to us that it’s all okay to use.

DMAFB doesn’t own content you submit to us (your “User-Generated Content”). But we do need certain licenses from you in order to perform our Services. When you post a Favor, you agree to these terms:

  • We can use the User-Generated Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your User-Generated Content.
  • When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your User-Generated Content.
  • You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your User-Generated Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant DMAFB all the license rights outlined here).
  • Any royalties or licensing on your User-Generated Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your User-Generated Content, or on DMAFB’s hosting of that User-Generated Content.
  • You promise that if we use your User-Generated Content, we are not violating anyone’s rights or copyrights. If DMAFB or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You are responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
  • We are not responsible for mistakes in your User-Generated Content. DMAFB will not be liable for any errors or omissions in any User-Generated Content.

10. DMAFB’s Intellectual Property

DMAFB does not own the Intellectual Property of the Favors and Favor-related and profile-related User-Generated Content. DMAFB's Intellectual Property (“IP”) is: all the supporting and contextual (service-related) text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content that DMAFB users and non-users see or read throughout the DMAFB Service (website and all website application formats, email communications, advertisements, white papers). This IP is the property of DMAFB, excluding User Generated Content that DMAFB has the legal right to use.

You cannot use DMAFB User-Generated Content of other users for any personal and/or commercial reasons without getting the permission of the content owner first.

DMAFB’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

DMAFB grants you a license to reproduce content from the Services for personal use only. This license covers both DMAFB’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sub licensable, non-revocable and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from DMAFB or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

11. How We Deal with Copyright Issues

DMAFB respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please report it to help@DMAFB.me

We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, DMAFB will also terminate a user's account if the user is determined to be a repeat infringer.

12. Privacy

DMAFB values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using DMAFB, you agree to such processing and you warrant that all data provided by you is true, correct and accurate.

13. Termination of use by you

You can delete your account at any time. Deleting your account won’t make content you’ve already posted go away.

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve created a Request or Offer, deleting your account will not remove the Favor from the Site.)

14. Termination of use by us

DMAFB reserves the right in its sole discretion to terminate or suspend your right to use the Service at any time if, in its reasonable opinion, you have failed to comply with any provision of this Agreement (including the Community Guidelines), if any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other users and/or for the security of the Service, by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. If DMAFB terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, DMAFB reserves the right to take appropriate legal action.

15. Our Rights

DMAFB reserves these rights:

  • We can make changes to the DMAFB Site and Services without notice or liability.
  • We have the right to decide who is eligible to use DMAFB. We can cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use DMAFB in that jurisdiction.
  • We have the right to cancel any donation to any Favor, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any Favor at any time and for any reason.
  • DMAFB is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

16. Confidential Information

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of DMAFB and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify DMAFB in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use.
You shall return all originals and any copies of any and all materials containing Confidential Information to DMAFB upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of DMAFB’s trade secrets, confidential and proprietary information and all other information and data of DMAFB that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

17. Disclaimer of warranties

This site is presented as-is, without warranties. You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

DMAFB SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DMAFB SHALL CREATE ANY WARRANTY.

18. Indemnity

If you do something on DMAFB that leads to us getting sued, you have to help defend us.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of DMAFB. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

19. Limitation of Liability

To the fullest extent permitted by law, in no event will DMAFB, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. Any disputes in relation to any Favors or dealings with DMAFB members or should be raised and resolved directly with DMAFB member concerned. If you have a dispute with any users whilst using the Service, you agree to release us from all claims, demands and damages of every nature, known and unknown, arising from or in any way connected with such disputes.

20. Dispute Resolution and Governing Law

We at DMAFB encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms of Use (and all other rules, policies, or guidelines incorporated by reference) and any disputes arising from or in relation to the contractual relationship between DMAFB and the user shall be subject to Swiss substantive law exclusively. The ordinary courts at the domicile of DMAFB shall constitute the exclusive place of jurisdiction. Alternatively, DMAFB reserves the right to take legal action against the user at the place of the infringing act.

21. Special Promotions

DMAFB may from time to time provide certain promotional opportunities, sweepstakes and contests to users. All such promotions will be run at the sole discretion of DMAFB, and any promotional activity will be governed by its own set of terms and conditions, which will be notified to you should you choose to participate; the liability of any of DMAFB’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to Section 18 of these Terms of Service

22. The Rest…For Now

These Terms and the other material referenced in them are the entire agreement between you and DMAFB with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and DMAFB with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or DMAFB to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms of Service are personal to you. You can’t assign them, transfer them, or sublicense them unless you get DMAFB’s prior written consent. DMAFB has the right to assign, transfer, or delegate any of its rights and obligations under these Terms of Service without your consent. DMAFB will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

These are our official Terms of Service and our rules for how things work. Thank you very much for taking the time to read them, and for using DMAFB!

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