Welcome to Fenly, a donation services website located at fenly.org. Fenly is owned by The Maryland Food Bank, Inc., a Maryland corporation (referred to herein as us, we, our or Fenly). Subscribers to Fenly can create additional online locations by subscribers and their users (each such location, an Organizer Site) for the organization, processing, and management of fundraiser and virtual food drive campaigns (Campaigns, collectively, the website at fenly.org, all Organizer Sites, and all Campaigns constitute the Platform). At Fenly, individuals and organizations, such as food banks (collectively, Organizers), can create online locations to organize, process, and manage fundraiser campaigns and virtual food drive campaigns (Organizer Sites). Collectively, the website at fenly.org and all Organizer Sites constitute the Platform, and collectively, all visitors to the Platform and all Organizers and individuals acting on behalf of Organizers are referred to herein as you or user.
We invite you to register on the Platform to create your account. If you do not register, you may not be able to use all features of the Platform. If you register, you agree to provide accurate and complete information about yourself and your organization and to maintain the accuracy and completeness of this information.
You are solely responsible for the activity that occurs on your account, and you must keep your account username and password secure. If there is unauthorized access to or use of your account, then you must notify us immediately using the email address listed in the section headed “Contact us” below. We are not responsible for any losses or any liabilities caused by any unauthorized use of your account.
The licenses provided below are necessary for us to operate, maintain, and improve the Platform.
As between you and Fenly, you own any text, image, graphics, audio, trademarkable matter, copyrightable work, or other data or content that you upload to or display on the Platform (collectively, User Content).
All content on the Platform other than User Content, including any text, image, graphics, audio, trademarkable matter, copyrightable work, or other data or content, associated technology and software, and the look and feel of the Platform (collectively, the “Fenly Content”) is owned by Fenly or our licensors. You agree not to reproduce, distribute, perform, display, prepare derivative works based upon, transmit, make, use, sell, offer to sell, or otherwise commercially exploit the Platform or Fenly Content in any manner, without our written permission.
When you make donations to an Organizer Site, you agree to follow any terms specified by the Organizer Site. By making or facilitating a donation to an Organizer Site, you understand that your contribution is being made directly to user that controls the Organizer Site and that we will not have access to or control of your funds. Tax deductions of charitable donations and other nonprofit contributions are governed by US Internal Revenue Service rules. You and the user that controls the Organizer Site to which you are donating are entirely responsible for compliance with all laws and legal obligations regarding charitable donations and receipts or other rules on such transfers. We make no representations as to your legal rights or obligations, and you should not rely on us for legal advice. We strongly recommend you consult with legal counsel if you have any questions regarding your donations.
We have NOT performed any independent analysis to confirm the Section 501(c)(3), 501(c)(4), or other legal status under the Internal Revenue Service rules of any users seeking funds listed on the Platform, nor have we confirmed the truthfulness of the statements made by such users. If your contribution via the Platform is not used as represented by the Organizer Site or otherwise does not meet your expectations, you understand that no remedies are available from Fenly.
Fenly uses the third party payment processor indicated on the Platform (Payment Processor) to process all visitor donations and all fees for Organizer Sites. We have no liability related the execution of any payments via our Payment Processor. Our Payment Processor receives a payment processing charge from every donation or other transaction it processes. The payment processing charge is typically between 1-5%. In addition, Fenly receives 3% of every donation on the Platform as an administrative charge.
Inclusion of any Fenly Content, User Content, or any other information on the Platform or in our communications, such as organizational mission statements or user donation amounts, does not constitute Fenly’s endorsement of such information, or Fenly’s representation or warranty of the truthfulness, accuracy, completeness, or timeliness of such information. Through the Platform or other communications from us, you may receive access to certain third parties, and your choice to contact or deal with any of these third parties is your sole responsibility. We are not responsible for any transactions or dealings you have with any third parties.
You acknowledge that your access to or use of the Platform does not create any ownership in or license to any Intellectual Property in the Platform or Fenly Content. Except as expressly stated herein, neither we nor our licensors confer upon you by implication, estoppel, or otherwise, any license or right under any such Intellectual Property. You agree not to infringe orchallenge any Intellectual Property owned or licensed by Fenly.
If you believe that any content on the Platform infringes your copyright or other Intellectual Property right, please contact Fenly’s designated Digital Millennium Copyright Act (DMCA) agentlisted below in the section headed “Contact us.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FENLY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
We are not engaged in the provision of legal, tax, or other professional advice, and you agree that the Platform does not contain any legal, tax, or other professional advice. If you need any professional advice, you should contact the applicable qualified licensed professional.
The Platform may include links provided by Fenly, other users, or third parties that connect to third party websites. Third party websites are not under our control, andwe are not responsible for content of or conduct by third parties on the Platform or on third party websites. If you interact with a third party or access a third party website from the Platform, you do so at your own risk. We provide links as a convenience only. The inclusion of a link to a third party website does not indicate that we endorse, represent, warrant, or accept any responsibility for the content or conduct on the third party website.
Maryland Food Bank
2200 Halethorpe Farms Road
Baltimore, Maryland 21227
If you believe that your copyright has been infringed or other Intellectual Property rights have been violated, please email a request to Fenly’s DMCA agent at email@example.com with the subject: “DMCA” or send the request by postal mail to:
Maryland Food Bank
Attn: Fenly DMCA
2200 Halethorpe Farms Road
Baltimore, Maryland 21227
To be effective, your request must be in writing and contain the following information:
We will remove any content from the Platform that infringes the copyright or other Intellectual Property right of any person upon receipt of such an effective request (or any statement otherwise in conformance with 17 USC 512(c)(3)). US law provides significant penalties for submitting such a request falsely.
This agreement was last modified on July 11, 2022.