Fundraise.com, Inc. (“Fundraise”, “FR”, referred to throughout in the first person as “us”, “we”, “our”, etc.) is an online fundraising platform that allows anyone to raise money for a cause.
The Fundraise service offering (collectively, the “Service”) includes www.fundraise.com (“Site”); and any services available on or through the website or otherwise provided by Fundraise, including any subdomains thereof; any API integrations or widgets provided by Fundraise; any other website or webpages we own or operate that include a link to this statement; or any applications (including mobile applications) made available by Fundraise.
"Fundraise Website" means the website pages of any website or widgets owned or operated by Fundraise. A widget is a portable chunk of code that can be installed and executed within any separate HTML-based web page by an end user without requiring additional compilation.
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
“User” means any party that accesses or uses any Fundraise Service, whether manually or through automated means, and applies to all - whether a charity, event organizer, event registrant or any other fundraiser or Donor using our Service.
"Donor“ means any party that accesses or uses any Fundraise Service to donate, purchase a ticket, or perform any other Contribution using a Payment Account, whether manually or through automated means. All Donors are Users.
“Contribution” means the monetary amount of a Payment Transaction charged to the Donor as part of the Payment Transaction performed using the Fundraise Service. This includes but is not limited to, donations to charities or non-charitable causes, tickets to charitable or non-charitable events, or any other online monetary transaction.
"Payment Account" means the credit card account, debit card account or other payment instrument that is registered by a Donor with the Service and accepted by Fundraise to facilitate the processing of Payment Transactions.
"Payment Transaction" means the processing of a payment through the Service that results in the debiting or charging of the Contribution to a Donor's Payment Account and the issuance of funds to User's Settlement Account.
"Settlement Account" means the deposit allocation of User maintained at a financial institution located in the United States and administered by Fundraise for receipt of funds from the processing of Payment Transactions.
"Associations" means the groups of Card issuer banks or debit networks that facilitate the use of payment cards.
"Service Disputes" mean any disagreements, litigation, or other disputes between Fundraise and Donors arising solely from an error in the functioning of the Service.
"Policies" means the various policies, guidelines, and other terms and conditions that are referenced in this Agreement but are not expressly set forth in this Agreement. The Policies may be updated from time to time by Fundraise.
Use of the Fundraise Services is governed by these Terms and Conditions of Service (“Terms”), and include our “Privacy and Security Policy”.
Note that there may be times when we offer a special feature or service, like a subscription-based service, or a special feature or service provided by one of our many partnering organizations that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature, service or application control to the extent there is a conflict with these Terms.
We reserve the right, at our sole discretion, to change these Terms (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Site or Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
Fundraise may update or otherwise modify the Service at any time for any reason at Fundraise’s sole discretion. Fundraise may shut down the Service for maintenance and development work when necessary. User acknowledges that they are familiar with the Service’s functions, and that the Service is sufficient without modification to meet your requirements. Fundraise shall have no obligation whatsoever to customize, modify or improve the Service.
All information, materials, functions and other content ("Content") contained on the Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to Fundraise and/or our licensors or licensees. We may change the Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site. Requests for written consent may be made via email to email@example.com.
Service Description. User acknowledges and agrees that: (i) User’s Contributions processed are transactions between User and Donor and not with Fundraise or any of Fundraise‘s affiliates; (ii) Fundraise is a third-party service provider facilitating Payment Transactions for User and is not a party to any Payment Transaction; (iii) Fundraise is not a Donor or a User in connection with any Payment Transaction; (iv) Fundraise will not be responsible for and does not control any aspect of the Contributions; and (v) Fundraise will not be responsible for and does not control if a Donor will complete the Contribution or payment for Contribution. When a Donor seeks to make a Contribution with a Payment Account, the Service will process the Payment Transaction on behalf of User through the appropriate payment-processing network, including without limitation credit card or debit card networks.
Permissible Payment Transactions. User may only use the Service to process a Payment Transaction for a Contribution that is a Contribution by a Donor through a legitimate, bona fide gift of the Contribution. A Payment Transaction may not be submitted for capture through the Service until User has satisfied the requirements for charging as described in the Program Policies. The Service may not be used to process a Payment Transaction for User, or otherwise transfer money between a Donor and User, that does not directly result from a Donor's Contribution. User may not use the Service to provide cash advances to Donors or to facilitate the Contribution by Donors of cash equivalents (e.g., travelers checks, prepaid cards, money orders). Fundraise may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during one or more specified time periods. User may not use the Service to process Payment Transactions in connection with an illegal transaction or the sale or exchange of any illegal or prohibited goods or services, including without limitation prohibited maximum Contributions.
Limitations on the Use of Service. User must comply with the Policies and any other limits concerning use of the Service as updated by Fundraise from time to time, including without limitation: (i) Fundraise requirements for data security; (ii) operating rules and/or policies of the card associations or networks that are used to process the Payment Transactions as may be updated from time to time. Fundraise has the right (i) to change, suspend or discontinue the Service, in whole or in part, as necessary to perform maintenance or updates to the Service and (ii) to impose limits on certain features or restrict access to parts or all of the Service without notice and without liability. Fundraise may decline to process any Payment Transaction in connection with, among other reasons, fraud prevention activities, applicable law, or Fundraise policies.
Prohibited Actions. Unless expressly permitted in writing by Fundraise, User may not: (a) establish a minimum Contribution below $10.00; (b) add any Service use surcharge to a Payment Transaction; (c) submit to the Service a Payment Transaction that was previously returned as a chargeback; or (d) permit the use of the Service for payment of any debt owed to User by Donor.
Payment Transaction Authorization. User acknowledges that the receipt of an authorization for a Payment Transaction indicates only that, as of the date of the authorization, the underlying Payment Account has sufficient credit with the card issuer for the amount of the Contribution. User acknowledges that the authorization is not a confirmation of the Donor's identity; nor is an authorization a guarantee by Fundraise that the transaction will not be subject to a chargeback or other reversal.
Association Rules. Association Rules are the bylaws, rules, and regulations, as they exist from time to time, of the Associations. User agrees to comply with all Association Rules, as may be applicable and in effect from time to time. User understands that Fundraise may be required to modify this Agreement in order to comply with requirements imposed by the Association Rules. The Association Rules require User to stipulate that all transactions comply with the following conditions:
The Contribution Data represents payment or refund of payment, for the bona fide Contribution, which User has accepted in the ordinary course of its business.
The Contribution Data does not involve any element of credit for any purpose other than payment for a current transaction and, except in the case of approved reoccurring donation plans, the Cardholder’s Contribution has been made to the User.
To User's knowledge, the Contribution Data is free from any material alteration not authorized by the Cardholder.
User has not advanced any cash to the Cardholder in connection with the Card transaction, nor has User accepted payment for effecting credits to a Cardholder's account. The Association Rules provide that Cardholder information and transaction data are owned by the Associations, the Card issuer and the Cardholder.
Fundraise Not a Banking Institution. User hereby acknowledges and agrees that:
Fundraise offers the Service to facilitate the processing of Payment Transactions in connection with Contributions by Donors
Fundraise processes Payment Transactions on behalf of User
Fundraise is not a bank or other chartered depository institution
Funds held by Fundraise or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of User and are not insured for the benefit of User by the Federal Deposit Insurance Corporation or any other governmental agency.
Unclaimed Property. User acknowledges and agrees that if (i) Fundraise is holding funds that are due to User arising from a Payment Transaction processed through the Service or otherwise, (ii) Fundraise is unable to contact User and (iii) Fundraise has no record of User's use of the Service for several years, then Fundraise may be required under applicable law to report the balance of such funds as unclaimed property. In the event of the foregoing, Fundraise will try to locate User at the User's mailing address shown in Fundraise 's records and, if Fundraise is unable to locate User, User acknowledges and agrees that Fundraise may be required to deliver any such funds to the applicable state as unclaimed property; provided, however that Fundraise may deduct a dormancy fee and other administrative charges from such unclaimed funds, as permitted by applicable law.
No Endorsement. User acknowledges that Fundraise does not endorse the User or the User Website, any of the information or other content appearing on the User Website or provided by User to Fundraise ("User Content"). User agrees not to state or imply any endorsement by Fundraise or Fundraise on the User Website or otherwise. To the extent that User Content appears within the Service or on Fundraise Websites, Fundraise reserves the right to modify or remove the User Content at its sole discretion.
Donor Identity. Fundraise has no responsibility to User to investigate the background or confirm the identity of Donors, except to the extent required by applicable law. Fundraise is not responsible for the quality of personal information provided by Donors in order to complete Payment Transactions.
Disputes. Except as expressly provided for in the Chargeback Resolution Policy, User is solely responsible for Disputes and Fundraise is not a party to and will not be responsible for any Disputes. With respect to Disputes, User is subject to the Chargeback Resolution Policy and other dispute procedures as provided by Fundraise from time to time. Fundraise is solely responsible for Service Disputes and User is not a party to and will not be responsible for any Service Disputes; provided, that User agrees to provide reasonable assistance to Fundraise in resolving Service Disputes.
Service Fees. Fundraise.com uses a fixed transaction-fee-based model for supporting the tools, features and benefits of the site. The fees for the Service will be as set forth on the Fee Schedule (the "Service Fees"). There are no set-up or monthly/annual maintenance fees unless specifically accepted in writing. Fundraise reserves the right to earn interest and/or other compensation from its service provider banks or others arising from the processing of Payment Transactions that have not settled to User. Offline Contributions can be added to your fundraiser at no additional charge.
Distribution Payments. Fundraisers will receive their distribution payments less the Service Fees. For IRS registered US non-profits, distributions are sent to the address that the IRS has on file, or in the case of a recent move or secondary mailbox, a mutually agreed alternative address that is provided in writing. For other personal or corporate causes, distributions are set to the address provided in writing to Fundraise.com. Fundraisers will be responsible for all income taxes based on their net income or gross receipts.
1.35. Distribution Method.
IRS Registered Non-Profits. Standard distribution method to IRS registered US non-profits is US dollar denominated bank check using the US postal service for delivery. Alternate forms of distribution including ACH and Wire transfer are available for a small fee as set forth on the Fee Schedule (the "Service Fees").
US Corporation. Standard distribution method to any US corporation that is not an IRS registered non-profit is US dollar denominated bank check using the US postal service for delivery. Alternate forms of distribution including ACH and Wire transfer are available for a small fee as set forth on the Fee Schedule (the "Service Fees").
US Resident Individual or Small Business – under $600. Standard distribution method to any US resident or small unincorporated business that is not an IRS registered non-profit is subject to the IRS 1099-MISC regulations. For distributions under $600, standard distribution is US dollar denominated bank check using the US postal service for delivery. Alternate forms of distribution including ACH and Wire transfer are available for a small fee as set forth on the Fee Schedule (the "Service Fees").
US Resident Individual or Small Business – $600 or more. For distributions in excess of $600, standard distribution method is via ACH transfer to a US banking institution, after receiving a completed, signed W9 and scan of photo ID for verification purposes. Wire transfer is available for a small fee as set forth on the Fee Schedule (the "Service Fees").
Foreign Individual or Business. After receiving a scan of photo ID for verification purposes, standard distribution to a foreign resident or business is via international Wire transfer and includes a small fee as set forth on the Fee Schedule (the "Service Fees").
Distribution Schedule. Fundraise will hold amounts due and payable to User (subject to adjustments as described in Section 8.5) separate from Fundraise’s general corporate funds and will not use the amounts for Fundraise’s corporate operating expenses.
For Fundraisers without an End Date. If the User has NOT set an end date for their fundraiser, Fundraise can issue a monthly distribution (commencing on the last day of the month following the initial Contribution) for Payment Transactions that are processed during the prior month, once a request for a distribution has been received in writing from the registered User. Only Contributions that are 30 days or older can be distributed.
For Fundraisers with a Fixed End Date. If the User has set an end date for their fundraiser, Fundraise will automatically issue an initial distribution commencing after a two-week settlement period following the stated end of fundraising, or other date as mutually agreed in writing by Fundraise and the User, for all of the Contributions that are 30 days or older. A final distribution will take place A request for earlier distribution
These distribution schedules are subject to change at any time at the sole discretion of Fundraise.com. Notwithstanding the foregoing, Fundraise will not be obligated to settle funds to User: (i) for any Payment Transaction for which Fundraise has not received full settlement in final available funds if User does not capture funds during an authorization hold; or (ii) if User's earned balance at the time of disbursement or transfer is less than ten (10) dollars.
Distribution Adjustments. User acknowledges that Donors retain a chargeback right pursuant to card association and network rules, and Fundraise will have the right (but not the obligation) to pass chargebacks to User. As to particular Payment Transactions, Fundraise may withhold distributions or reverse previous distributions if (i) a Donor makes a claim to Fundraise for a refund or other reversal or (ii) Fundraise believes that the Payment Transactions are invalid, involve misconduct or fraud (such as fraudulent use of a payment instrument), or otherwise violate applicable law, this Agreement, or the Policies. User agrees to cooperate with Fundraise and to provide any information that may be reasonably requested by Fundraise in its investigation of any of the foregoing circumstances. Fundraise may offset any payment obligation that Fundraise may have to User under this Agreement against (i) Service Fees owed by User, (ii) amounts overpaid to User due to a later reversal, refund, chargeback or other adjustment to prior Payment Transactions, and (iii) any other amounts owed by User to Fundraise under this Agreement or any other agreement. In the event that User incurs a negative balance (i.e. due to negative adjustments exceeding the settlement proceeds for a particular period), Fundraise may debit the Settlement Account for the amount of the negative balance. Furthermore, Fundraise may choose to invoice User for any amounts owed by User under this Agreement, which will be immediately due and payable.
Reserve. Fundraise reserves the right to do a risk analysis on any Fundraiser and to withhold a portion of the proceeds that are payable to User for up to three (3) months with respect to the processing of Payment Transactions (a "Reserve") to help ensure that sufficient funds are available to Fundraise in the event of chargebacks, reversals and other liabilities related to User's use of the Service. Circumstances where Fundraise may impose a Reserve include, but are not limited to: (a) adverse changes in User's financial condition or its payment record with creditors; (b) excessive rate of chargebacks, reversals, or Donor support issues; (c) significant changes in the nature of User's business or Contribution Amount lines; or (d) an adverse risk evaluation compiled by Fundraise. Fundraise is not responsible for any losses sustained by User as a result of the imposition of a Reserve.
Refunds and Adjustments. Contributions processed on the Fundraise.com website are legally binding, as stated in these Terms of Service. Refunds must be requested by contacting the Support Team at firstname.lastname@example.org or +1 857-445-4165. Any refunds, if approved, may take up to 5 business days to process. If a refund request is submitted after the funds have been distributed to User, we will ask the donor to contact the User directly. Refunds cannot exceed the total amount of the Payment Transaction. Fundraise may reject or delay a refund request from User through the Service if Fundraise is unable to obtain sufficient funds from User to fund the refund.
Taxes and Other Charges. User will pay any applicable taxes imposed by governmental entities of whatever kind and imposed with respect to the transactions under this Agreement, including penalties and interest, but specifically excluding taxes based upon Fundraise's net income. For purposes of clarification, Fundraise is not responsible for, and is not the entity collecting sales or income or other taxes with respect to Payment Transactions.
Foreign Currency Conversion and International Bank Fees. While Fundraise will make every effort to minimize distribution costs to Users with non USD denominated bank accounts, any foreign currency conversion charges or additional wire fees associated with distributing funds internationally (incurred due to inaccurate, incorrect, or incomplete information provided by the user) are the responsibility of the User and will be passed on to the User via an adjusted distribution amount or debit to a reserved amount in the Fundraise account.
Test Transactions. All credit card contributions from Fundraise staff will be considered test transactions. User will refund Fundraise for all test transactions and related processing fees. Test transactions are used to verify the functionality of User’s Fundraise configuration.
Changes in Price. Fundraise may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during the Service term will apply to subsequent terms. If User does not agree to any such price changes, then User must terminate this agreement and stop using the Service. Users continued use of the Service after the effective date of any such change shall constitute acceptance of such change.
No Donor Fee. There are no fees or ancillary charges to a Donor to make a Contribution.
Donor Responsibility. All Contributions are made at Donor’s sole discretion and at Donor’s sole risk based on Donor’s sole determination and evaluation of the fundraiser. Donor is solely responsible for determining the tax deductibility of any contribution.
Charitable Contributions. Contributions made on Fundraise.com in support of Registered Charities or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts to the respective charity and are only refundable if a duplicate Contribution was made. Any refunds, if approved, may take up to 5 business days to process and appear in the Donor’s credit card account. A receipt for tax deduction purposes will be sent to the email address provided by Donor when donating.
Tickets. Contributions made on Fundraise.com to purchase tickets to a Charitable Event are only refundable if a duplicate ticket purchase was made. Any refunds, if approved, may take up to 5 business days to process and appear in the Donor’s credit card account. A receipt for tax deduction purposes will be sent to the email address provided by Donor when donating, but the Donor is solely responsible for determining the level of tax deductibility of a Charitable Event ticket.
Non-Charitable Contributions. Contributions made to fundraisers that are NOT categorized as “Charitable Causes” are only refundable if a duplicate Contribution was made, and are made at the sole discretion and at the sole risk of the Donor based on Donor’s sole determination and evaluation of the specific cause. Any refunds, if approved, may take up to 5 business days to process and appear in the Donor’s credit card account. Donor is solely responsible for determining the tax deductibility of any contribution.
Receipts. A receipt is automatically sent to the email address provided when the Contribution is processed. Depending on Donor’s email account settings, emails can be filtered into a spam folder. If a receipt is not received when the Contribution is processed, Donor is advised to check all relevant spam or junk folders. If for some reason a receipt is not received, please contact the Support Team at email@example.com and a duplicate receipt will be resent.
Only the authorized credit card holder may donate on Fundraise.com. A third party may not use the donor's card information or enter Contributions on behalf of the donor. This practice, known as "credit card laundering", is a violation of the merchant agreement with any bank or credit card company, and is strictly prohibited. Fundraise.com may report any such abuses to the appropriate authorities. This restriction does not preclude the authorized credit card holder from using computer terminals or kiosks with access to Fundraise.com for the purposes of making a Contribution.
Fundraise shall be the sole and exclusive owner of the Service, all materials in respect of the Service supplied to User, all new versions, improvements, enhancements, additions and modifications to the Service or such materials, all copyright, patent, trade secret, and other intellectual property rights related to the Service and such materials, and all tangible media on which the Service and such materials are maintained. User shall have no claim or right whatsoever in respect of the Service except for the limited license to use the Service granted herein and the return of User data on the Service as provided herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Service, any materials in respect of the Service, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. If User undertakes any such prohibited action, your license shall be automatically terminated.
Fundraise does not claim ownership of the materials you provide to Fundraise (including feedback and suggestions) or post, upload, input or submit to Fundraise Site or Service (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fundraise, and necessary sub licensees permission to use your Submission in connection with the operation of Fundraise Site including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Fundraise is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fundraise’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Fundraise reserves the right to review materials posted to the Site and to remove any materials in its sole discretion. Fundraise reserves the right to terminate your access to any or the entire Site at any time without notice for any reason whatsoever.
Fundraise reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Fundraise's sole discretion.
Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Fundraise’s designated agent, as follows:
Service Provider: Fundraise
Designated Agent: Chief Operating Officer
Full Address: 205 Portland Street, Suite 202, Boston, MA 02114 USA
Telephone: +1 (617) 275-7997
Email Address: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of 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 to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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; and
A 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.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court in the Commonwealth of Massachusetts.
As a condition of your use of our Site, you warrant to Fundraise that you will not use our Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use our Site in any manner, which could damage, disable, overburden, or impair our Site or interfere with any other party's use and enjoyment of our Site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Site.
The views, ideas or expressions posted by Users are not necessarily those of Fundraise. In order to maintain an informative and valuable service that meets the needs of the Users and avoids harm to others, it is necessary to establish Rules of Conduct. By way of example, and not as a limitation, User acknowledges and agrees that when using our Site, you will not:
Use the Site or Service in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Publish, post, upload, distribute or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Services.
Publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, image, material or information.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. User may not post or transmit any message that is libelous or defamatory, or violates any other person's copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. User agrees to indemnify and hold harmless Fundraise from any and all damages suffered by third parties as a result of the User's violation of this term.
Upload files that contain viruses, worms, time bombs, cancel-bots, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Interfere with other Users' use of the Fundraise Web site, including, without limitation, disrupting the normal flow or use of the service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Restrict or inhibit any other authorized User from using and enjoying the Site and Services.
Create a false identity for the purpose of misleading others.
Violate any applicable laws or regulations.
It is not the intent to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views; however, Fundraise reserves the right to take such action as it deems appropriate in cases where our Site or Service is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.
User represents and warrants that (a) if an individual, User is at least 18 years old, (b) User is capable of and has full power and authority to enter into the Agreement and this Agreement will constitute the valid and binding obligations of User, (c) User will comply with all applicable laws, regulations and ordinances in connection with User's use of the Service.
FUNDRAISE ASSUMES NO LIABILITY FOR ANY DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE FUNDRAISE SITE OR ANY OTHER INTERNET SITE LINKED TO IT IN ANY WAY. FUNDRAISE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE FUNDRAISE SITE OR THE INTERNET.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO/FROM THE SITE OR OTHERWISE ACCESSED BY YOU IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS PROVIDED BELOW, FUNDRAISE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER IN CONNECTION WITH THE FUNDRAISE SITE, AND PRODUCTS CONTAINED THEREIN, OTHER WEB SITES ACCESSED BY "HYPERLINK," OR THE INTERNET GENERALLY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
User understands that, except for information, products, or services clearly identified as being supplied by FUNDRAISE, FUNDRAISE does not review, operate, or control any material, information, products or services on the Internet, including electronic transmissions from Users or materials connected to the FUNDRAISE site through "hyperlink", in any way.
WITHOUT LIMITING THE FOREGOING, FUNDRAISE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE FUNDRAISE SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREON; (II) THAT THE FUNDRAISE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE FUNDRAISE SITE; OR (IV) THAT THE FUNDRAISE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF FUNDRAISE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNDRAISE MAKES NO REPRESENTATION AS TO WHETHER ALL OR ANY PORTION CONTRIBUTIONS MADE ONLINE AT FUNDRAISE ARE TAX DEDUCTIBLE. FUNDRAISE MAKES NO REPRESENTATION OR WARRANTY, NOR SHALL FUNDRAISE BEAR ANY RESPONSIBILITY OR LIABILITY CONCERNING THE FEDERAL, STATE OR LOCAL TAX CONSEQUENCES ARISING FROM USERS USE OF THE WEB SITE. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
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