Effective October 14, 2022
AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, USERS AGREE TO RESOLVE DISPUTES WITH EVENTGROOVE FUNDRAISING THROUGH BINDING ARBITRATION (AND WITH VERY FEW LIMITED EXCEPTIONS, NOT IN COURT), AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER IN SECTION 22 BELOW).
Eventgroove Fundraising may amend the Terms at any time in our sole discretion by posting a revised version of the Terms. Your continued access to or use of the Services after the posting of the revised Terms constitutes your acceptance of the revised Terms. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.
By using the Site, Content or Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
The following policies and guidelines are incorporated into the Terms by reference (“Additional Policies”).
- Refund Policy
- Funding and Service Fee Policy
- Guidelines for Campaign Organizers
- Intellectual Property Policy
Capitalized terms used in the Terms are defined in this Section 1 or in the Section where they are first used.
- “Campaign Organizer(s)” refers to any User(s) who initiate and conduct Campaign(s) on or through the Site or Services;
- “Campaign(s)” are any Campaign Organizer’s fundraising campaign on or through the Site or Services which enables Campaign Organizers to accept Contributions from other Users;
- “Content” refers to all Web pages, messages, displays, audio, video, software, documents, software, databases, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio, video, photographs, images, reviews, ideas, and other data, or copyrightable materials or content, including the selection and arrangements thereof offered through the Services;
- “Contribution(s)” (or “Contribute”) refers to any monetary or non-monetary transactions made by a Contributor to a Campaign ;
- “Contributors” refers to any User that makes a Contribution to a Campaign on the Site;
- “DMCA” refers to the Digital Millennium Copyright Act of 1998, including any amendments;
- “Infringement” refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
- “Marks” refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any Eventgroove Fundraising Content;
- “Item(s)” refers to tangible or intangible goods that a Campaign Organizer may offer to Contributors in exchange for making a Contribution to a Campaign.;
- “PII” refers to personally identifiable information, as that term is defined under all applicable laws and regulations;
- “Eventgroove Fundraising Content” refers to Content provided by Eventgroove Fundraising to Users in connection with the Services, including the software, products and Site;
- “Post”, “Posting” or “Posted” means to send, knowingly receive, upload, share, post, submit, publish, display, transmit, download, use, re-use or otherwise make available to or share with.
- “Services” refers to the Site, Content, mobile applications or connected applications, other offerings and services provided or made available on or through the Site;
- “Site” refers to the Eventgroove Fundraising website(s);
- “User”, “you” or “your” refers to Campaign Organizers, Contributors or any other visitor to the Site or user of any of the Services, either individually or collectively;
- “User Content” refers to Content uploaded, transmitted, Posted to the Services by you or other Users, including Your Content and User Content in a Campaign.
- “Your Content” refers to Content that you Post while using our Services.
- What platform does Eventgroove Fundraising offer?
The Site is an online fundraising platform enabling Users to launch and seek to raise funds for their Campaigns and to Contribute to the Campaigns of other Users. Campaign Organizers may offer Items to Contributors in exchange for a Contribution in compliance with all applicable laws and regulations. Neither the Site nor Services permit or include the offer or sale of securities (as defined under the Securities Act of 1933, as amended), and Eventgroove Fundraising is neither a broker-dealer nor a member of the Financial Industry Regulatory Authority.
- Your Account and Obligations
We grant you a limited, non-exclusive, personal, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions:
- You are responsible for your account. To use many of the Services, you will need to register and create an account with an email address and password. You must provide us accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else or violate any individual’s rights. If you do so, we may cancel your account. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you must notify Eventgroove Fundraising immediately by contacting us at firstname.lastname@example.org. To the maximum extent permissible under applicable law, we are not liable or otherwise responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
- Deleting your account. You may submit a request to delete your account by contacting us email@example.com, but this will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive termination of an account, including our rights to User Content.
- You must be 18 years old. You must be 18 years or older to sign up for an account and use our Services. Outside of the European Economic Area (“EEA”), minors between the age of 13 and 18 years are only permitted to access or use our Site or Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. Within the EEA, minors under 16 are not permitted to access the Site or use the Services. You are responsible for any and all account activity conducted by a minor on your account.
- Follow the law and our policies. You may not take any action that violates applicable law, infringes or violates any rights of any Entity or individual (collectively “Person”), or breaches any agreements or legal obligations that you have toward any Person. You may not offer any Items that are illegal, violate the Terms, any of Eventgroove Fundraising’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Be truthful. Don’t Post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Respect the rights of others. You may not threaten, abuse, harass, or defame any Person or otherwise engage in any behavior that is libelous, tortious, obscene, profane, or invasive of another Person’s privacy or other rights or interests.
- Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. You may not run mail lists, listservs, or any kind of autoresponder or spam on or through the Site or Services.
- Respect the property of others. You may not distribute software malware, harmful code, viruses, or any other software or code designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or Services or (2) the use of the Site or Services by any other User.
- Do not engage in activities that affect the functioning of the Site or Services. You may not bypass any measures that we have put in place to secure the Site or Services; take actions to gain unauthorized access to any system, data, passwords, or other Eventgroove Fundraising or User information or the Site or Services; reverse engineer or take apart any aspect of the Site or Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site or Services.
- Respect privacy. When you use the Services or create a Campaign, you may receive information about other Users, including personally identifiable information (“PII”) such as names, email addresses, and physical addresses. This information is provided purely for the purpose of fulfilling the requirements of the applicable Campaign and other Services and may not be used for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User. You will maintain records of all such verifiable consent.
- Creating and Running a Campaign
When you as a Campaign Organizer create a Campaign on the Site or Services and ask for Contributions, you and the Entity that you represent understand and agree to comply with the following rules (in addition to all other Terms and Additional Policies).
- Service Fees. There are no fees for creating an account on the Site. Campaign Organizers may be charged a service fee as a portion of the Contributions they receive (the “Service Fees“). The Service Fees are effective on the date that the Service Fees are posted and may be updated from time to time. Service Fees will be charged at the then-current rate based on the pricing chosen by the Campaign Organizer for each specific Campaign. In addition, Campaign Owners are charged a transaction fee by the third-party payment processor, Stripe or Paypal.
- Agency Relationship. In connection with receiving Contributions from Contributors, Campaign Organizers appoint Eventgroove Fundraising as the Campaign Organizer’s limited agent for the sole purpose of receiving, holding, and settling payments to such Campaign Organizer. As a Campaign Organizer’s agent, Eventgroove Fundraising’s receipt of Contributions on a Campaign Organizer’s behalf is the same as receipt of Contributions directly by a Campaign Organizer. Eventgroove Fundraising’s appointment with respect to a Contribution terminates with the settlement of payment to the Campaign Organizer. Until payment is settled to the Campaign Organizer, the Campaign Organizer agrees to bear the risk of loss, theft, destruction, or damage to that Contribution.
- Refunds. Eventgroove Fundraising may offer a limited refund to Contributors in accordance with our Refund Policy. Refunds outside of our Refund Policy must be handled by the Campaign Organizer, and neither Eventgroove Fundraising nor any of its officers, directors, employees, partners, contractors, consultants, advisors, licensors, successors, assigns, agents, third party providers and other representatives (collectively “Representatives”) shall have any obligation or liability to provide any refunds or become involved with any dispute between a Campaign Organizer and Contributor. Eventgroove Fundraising reserves the right in its sole discretion to suspend or terminate any User Account or remove any Campaign for any abuse of the Refund Policy.
- Legal obligations of Campaign Organizers
As a Campaign Organizer, you and the Entity that you represent understand and agree to comply with the following obligations (in addition to all other Terms and Additional Policies):
- Provide any Items associated with a Campaign in the timeframe that is communicated to Contributors.
- Immediately notify Contributors if there are obstacles or delays with the provision of Items.
- Respond promptly and truthfully to all questions posed to you by Contributors.
- If you have received the Contributions from your Campaign, issue refunds to Contributors if you cannot deliver Items.
- Comply with all applicable laws and regulations in the use of Contributions and delivery of Items.
Your data controller duties include:
- Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;
- Managing and reporting security incidents;
- Transferring data in compliance with applicable cross-border data transfer restrictions including under the GDPR;
- Entering into contracts only with data processors that provide adequate protections for personal data and including appropriate contractual language;
- Maintaining records of your data processing activities;
- Conducting any required data protection impact assessments; and
- Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
- Responding to any requests received by you or us from EEA data subjects regarding personal data, including those set forth in Chapter III of the GDPR. The party that receives the data request is responsible for responding to the request. Campaign Organizer and Eventgroove Fundraising shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.
Please remember that as a Campaign Organizer, you are solely responsible for fulfilling the obligations of your Campaign and delivering Items. If you are unable to perform this, or any of your other legal obligations, you may be subject to legal action by Contributors.
- Contributing to a Campaign
When you make a Contribution to a Campaign as a Contributor, you understand and agree that the following rules aznd terms apply (in addition to any other Additional Policies as mentioned in the Additional Policies section above).
- Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
- Limited Refund. Eventgroove Fundraising offers a limited refund to Contributors only where the Campaign has not ended, the Contributor has not received an Item (as confirmed by Eventgroove Fundraising), and the Contribution has not been sent to the Campaign Organizer. Eventgroove Fundraising does not offer refunds outside of our Refund Policy. In any situation where refunds are not available under the Refund Policy, a Contributor should contact the Campaign Organizer directly to request a refund. Eventgroove Fundraising may in its sole discretion facilitate communications between a Campaign Organizer and Contributor, but neither we nor any of our Representatives shall have any obligation to do so or to become involved in any way in any dispute.
- Credit Card Charges. When you Contribute to a Campaign, your credit card will be charged the amount of the Contribution after you confirm and submit your payment information.
- Communications Between Campaign Organizers and Contributors. Once you have made a Contribution to a Campaign, the Campaign Organizers may need to contact you to obtain information such as your shipping address, specific preferences for an Item (e.g., the size or color of a t-shirt), or feedback on the Campaign. In some instances, to receive an Item, you may need to provide the requested information within a required time frame for the the Item to be fulfilled. Campaign Organizers agree that they will operationalize data minimization requirements including not requesting information (including sensitive personal information such a Social Security numbers or credit card/banking information) unless required to fulfill Items. Please contact us at firstname.lastname@example.org if you receive a request for more information than appear to be necessary.
- Taxes are your responsibility. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Items for tax purposes.
- Eventgroove Fundraising’s Role
- Use of the Eventgroove Fundraising Site.Eventgroove Fundraising provides for the use of and certain training information regarding the Site and Services but not provide any advice on Campaigns nor regarding setting up, preparing or executing Campaigns.
- We do not endorse any Campaigns, Users or Content. Please see section 6(2) (“Contributing to a Campaign – No Guarantee”) above.
- We may remove User Content, cancel Campaigns or refund Contributions. We reserve all rights (in our sole discretion) to remove any User Content, cancel any Campaign or refund any Contribute that we determine violates any of these Terms (whether or not we elect to communicate any investigative findings or reasons for any such actions).
- We do not guarantee Items or Refunds. Campaign Organizers are solely responsible for fulfilling the delivery of Items and offering or providing any refunds outside of our Refund Policy
- We do not provide tax or legal advice. You shall be solely responsible for determining whether tax laws, or any other laws, apply to you including initiating or conducting a Campaign, Contributing to a Campaign, or accessing or utilizing the Site, Content or the Services.
- We do not engage in legal disputes between Users or third parties. Though we may in our sole discretion facilitate discussions between Users who have disputes with each other, neither we nor any of our Representatives shall be responsible or liable for any dispute or violation of agreements between any Users, including between Campaign Organizers and Contributors or Campaign Organizers and any third parties.
- Eventgroove Fundraising is not responsible for your Campaigns, Items or User Content.As a Campaign Organizer, you are solely responsible for preparing, setting up, and executing your Campaign on the Site, and fulfilling the obligations of your Campaign and delivering Items. We do not undertake any obligation to investigate or make inquiries regarding you, the Entity you represent or your Campaigns, Items or User Content. Notwithstanding the foregoing, you shall accurately, completely and promptly (and in no event more three (3) business days following receipt of any inquiry from us) provide information that we in our sole discretion may require regarding you, the Entity you represent or your Campaigns, Items or User Content including before we disburse any funds.
- Taxes. Taxing authorities may classify Contributions as taxable income to the Campaign Organizer and any beneficiary who will receive funds directly from the applicable Campaign. Eventgroove Fundraising may ask for the tax identification number (TIN) of Campaign Organizers and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Eventgroove Fundraising willth provide Campaign Organizers with a tax document if required by the relevant taxing authorities. Eventgroove Fundraising is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with their tax advisors. You agree that shipping items to Contributors may expose Contributors and Campaign Owners to sales and use tax obligations.
- Our Intellectual Property
- Eventgroove Fundraising Intellectual Property. Eventgroove Fundraising’s Services, Content and Marks, are legally protected in a number of ways, including under copyright, trademark, service mark, patent, trade secret, and other U.S. and international intellectual property laws (“IP Rights”). You agree to respect all IP Rights and other legal notices, information, and restrictions contained hereunder and in the Site or any Eventgroove Fundraising Content, Services, or Marks accessed through the Site or the Services. You agree not to directly or indirectly compete with, change, translate, or otherwise create derivative works of the Services.
- Limited User Rights; License to Eventgroove Fundraising Content. For as long as you comply with these Terms, Eventgroove Fundraising grants you a limited, personal, non-exclusive, personal, non-sublicensable, non-assignable, revocable (in our sole discretion) license to access and use User Content and Eventgroove Fundraising Content, solely for use of the Services, in accordance with these Terms and applicable laws. You may not reproduce, distribute, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or Eventgroove Fundraising Content unless we give you explicit written permission to do so in advance. You shall not: create derivative works from User Content or Eventgroove Fundraising Content or scrape, disable, decompile, analyse or in any way commercially exploit User Content or Eventgroove Fundraising Content, in whole or in part, and/or in any way use our name in hidden text, metatags and/or keywords. You shall use User Content or Eventgroove Fundraising Content solely for lawful purposes. User Content and Eventgroove Fundraising Content is licensed, and not sold, to you. This license and any authorization to access or use the Services, User Content or Eventgroove Fundraising Content shall be deemed automatically revoked in the event that you fail to comply with any of these Terms.
- Eventgroove Fundraising Trademark Policy. You may use the Eventgroove Fundraising Marks only in accordance with our Intellectual Property Policy.
- Your Intellectual Property
Your Content remains your property. When you Post User Content to the Site or via the Services, you agree to the following terms:
- You allow us to use, change or delete Your Content. You hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, right and license to host, store, use, copy, reproduce, adapt, formate, edit, publish, publicly perform or display, translate, exercise, modify, delete (or make deletions to), create derivative works based on, reformat, incorporate into other works, advertise, distribute, communicate, otherwise make available to the general public, commercialize, and exploit Your Content (including any information you authorize us to access from other third-party sources (if applicable)) in whole or in part, and in any way and in any medium or format currently known or developed in the future and the copyright, publicity, trademark, database rights and all other IP Rights with respect to Your Content.
- You have all legal rights to Your Content. You represent, warrant and covenant that: (1) you own or otherwise have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Eventgroove Fundraising with respect to Your Content; (2) Your Content is accurate; (3) Your Content does not and will not infringe or misappropriate any third party’s IP Rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (4) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of Your Content or have any liability to a User or any other party as a result of our use or exploitation of Your Content; and (5) you will indemnify us for all claims resulting from Your Content.
- How to report Copyright and other Intellectual Property issues
The Digital Millennium Copyright Act (“DMCA”) sets out the processes and procedures for reporting notices of alleged copyright infringement. We will respond to notices of alleged infringement that comply with the law and our Intellectual Property Policy. We reserve the right in our sole discretion to delete or disable User Content that is alleged to be infringing, and to suspend or terminate any User account of infringers.
- To submit a claim of copyright infringement, please visit our Intellectual Property Policy and follow the instructions. The Intellectual Property Policy also explains how Campaign Organizers can respond when their Campaigns are affected by a notice. We will only respond to alleged infringement notices submitted in compliance with our Intellectual Property Policy.
- Eventgroove Fundraising’s Rights Concerning User Accounts; Suspension or Termination
- Eventgroove Funding reserves the right in its sole discretion to suspend or terminate a Campaign that it determines does not comply with this Agreement. In the event of termination, Eventgroove Funding may refund any and all Campaign funds received by a Campaign Organizer from Contributors and may seek reimbursement from you (or the Entity you represent) for any funds you have already received from us. Eventgroove Funding may also avail itself of any of the remedies provided for under this Agreement and any remedies available to enforce its rights under this Agreement or applicable law.
- Neither we nor any of our Representatives shall be liable to you, the Entity you represent, any third parties or any of your respective Representatives for any access to, use of or the Site, Services or Content associated with –or for monitoring, terminating, suspending, or deleting– your account or Campaign. Upon termination, you must cease all access to or use of the Site, Services and Content. Your representations, warranties and covenants hereunder shall survive termination of this Agreement.
- Payment Services
- Credit card payment processing services for Campaign Organizers on the Site are provided by Stripe, Inc. (“Stripe“) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). As a Campaign Organizer, you agree to be bound by the Stripe Services Agreement, as modified by Stripe from time to time. As a condition to Eventgroove Fundraising enabling credit card payment processing services through Stripe, you agree to provide Eventgroove Fundraising accurate and complete information about you and your business, and you authorize Eventgroove Fundraising to share any such information with Stripe, as well as transaction information related to your use of the payment processing services. In all cases, standard credit card or other third-party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
- Campaign Organizers may also use payment processing services from PayPal, Inc. (“PayPal“) for certain types of Campaigns on the Site. The use of these services is subject to the PayPal User Agreement (the “PayPal Services Agreement“). As a Campaign Organizer, you agree to be bound by the PayPal Services Agreement, as modified by PayPal from time to time. As a condition to Eventgroove Fundraising enabling payment processing services through PayPal, you agree to provide Eventgroove Fundraising accurate and complete information about you and your business, and you authorize Eventgroove Fundraising to share any such information with PayPal, as well as transaction information related to your use of the payment processing services provided by PayPal. In all cases, standard credit card or other third-party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
- System Outages and Maintenance
The Site or Services may be unavailable for scheduled maintenance and other reasons including outages or malfunctions. Neither we nor our Representatives shall be liable or responsible if the Site or Services are unavailable, or if you lose any data, information, or User Content for any reason.
- Unsolicited Idea Submissions
If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site, Services, Content, our business or otherwise, such Feedback will be deemed Content, and you hereby irrevocably acknowledge and agree that such Content is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction and does not place us under any fiduciary or other obligation.
You and any Entity you represent shall defend, indemnify and hold harmless Eventgroove Fundraising, together with its subsidiaries and affiliates and its and their respective Representatives from and against any and all claims, causes of action, damages, obligations, losses, penalties, fines, liabilities, costs, fees, fines, and expenses of whatever kind (including reasonable attorneys’ fees and costs), judgments, awards, and all amounts paid in settlement (“Damages”) arising from or relating to, breach of these Terms (including failure to fulfill a Item or refund a Contribution) or violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
- No Warranty
You understand that we cannot and do not guarantee or warrant that Content or other files available for downloading from the internet or the Site or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED UNDER APPLICABLE LAW:
(A) IN NO EVENT WILL EVENTGROOVE FUNDRAISING OR ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL CONTENT THAT MAY INFECT YOUR COMPUTER SYSTEMS, SOFTWARE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, SERVICES OR CONTENT OR ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR SERVICES TO YOUR ACCESS TO, USE OF OR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT;
(B) YOUR USE OF THE SITE, SERVICES, CONTENT, AND ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR SERVICES ARE AT YOUR OWN RISK;
(C) THE SITE, SERVICES, CONTENT, AND ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS”AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED; AND
(D) WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE (INCLUDING WITH RESPECT TO THE SITE, SERVICES, CONTENT, AND ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR SERVICES). NEITHER EVENTGROOVE FUNDRAISING NOR ANY PERSON OR ENTITY ASSOCIATED WITH EVENTGROOVE FUNDRAISING MAKE ANY WARRANTY OR REPRESENTATION REGARDING (INCLUDING WITH RESPECT TO THE COMPLETENESS, USEFULNESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF) THE SITE, SERVICES, CONTENT, OR ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER EVENTGROOVE FUNDRAISING NOR ANY OF ITS REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, CONTENT, AND ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR SERVICES (OR ANY PART THEREOF): WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, USEFUL, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY PARTICULAR IT SYSTEM, SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE, SERVICES, CONTENT, OR ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR SERVICES; OR THAT THE SITE, SERVICES, CONTENT, AND ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO:
(A) BACKUP, PROTECT AND PROVIDE ADEQUATE SECURITY FOR YOUR DATA (INCLUDING YOUR CONTENT) AND COMPUTER SYSTEMS;
(B) OBTAIN AND PAY FOR ANY SOFTWARE, COMPUTER SYSTEMS AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, SERVICES AND CONTENT;
(C) ENSURE THAT ANY SOFTWARE, COMPUTER SYSTEMS AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, SERVICES AND CONTENT; AND
(D) EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, SERVICES AND CONTENT INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SITE, SERVICES AND ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND SERVICES.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE OR SERVICES IS USED AT YOUR SOLE DISCRETION AND RISK. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES (INCLUDING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA (INCLUDING USER CONTENT)) THAT RESULTS FROM OR IS RELATED TO ACESSING OR USING THE SITE OR SERVICES OR ACCESSING, DOWNLOADING, USING OR OBTAINING ANY CONTENT.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF US AND OUR REPRESENTATIVES AND CONSTITUTE AN ESSENTIAL PART OF THESE TERMS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Disclaimer of Liability
Use the Services at your own risk. We make no representations or warranties about the quality, safety, morality or legality of any Campaign, Item or Contribution or the truth or accuracy of User Content Posted on the Services. We do not guarantee the fulfillment or the performance of any Items, or that Contributions will be used as described in the Campaign. We do not control or endorse User Content Posted on the Site or in any Services and do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. Eventgroove Fundraising is not liable for any damages or losses related to your use of the Site, Services or Content. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services. Please see section 6(2) (“Contributing to a Campaign – No Guarantee”) above.
You release us from all claims. When you use the Services, you release Eventgroove Fundraising and our Representatives from any Damages 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 Site, Services or Content. All Content that you access or use through the Site and Services is entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT, AND ANY CONTACT YOU HAVE WITH US, OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS SOLELY WITH YOU. NEITHER EVENTGROOVE FUNDRAISING NOR ANY OF ITS REPRESENTATIVES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR EVENTGROOVE CONTENT WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVENTGROOVE FUNDRAISING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE OR SITE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USE OF THE SITE, SERVICES OR CONTENT; € THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR CONTENT; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF EVENTGROOVE FUNDRAISING AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE REPRESENTATIVES, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO EVENTGROOVE FUNDRAISING BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
- Sweepstakes Campaign Indemnity and Waiver of Claims
CAMPAIGN ORGANIZERS RECEIVING CONTRIBUTIONS FROM SWEEPSTAKES CAMPAIGNS ON EVENTGROOVE FUNDRAISING ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LEGAL, REGULATORY AND TAXING REQUIREMENTS THAT ARE APPLICABLE TO THEIR CAMPAIGN, ORGANIZATION AND JURISDICTION.
As a Campaign Organizer receiving Contributions from a sweepstakes Campaign(s) on the Site, you acknowledge and agree with the following:
- Eventgroove Fundraising has not sought, will not in the future seek, and is not obligated to seek, a ruling from any regulatory authority to determine whether your sweepstakes Campaign(s) complies with applicable laws regulations, or taxing requirements in any jurisdiction.
- You agree to indemnify and hold Eventgroove Fundraising harmless from any and all claims by any Contributor or other person OR ENTITY as a result of any Campaign being disallowed in whole or part by any regulatory authority FOR ANY REASON.
- You are expressly responsible for separately providing the official rules for your sweepstakes Campaign, or for reviewing and accepting the provided sweepstakes details and official rules template Posted to your Campaign page, prior to publishing your Campaign(s) or soliciting Contributions. You agree that your use of the provided sweepstakes details and official rules template fully and completely constitutes your acceptance and approval of these rules as your own.
- You are expressly and solely responsible for ensuring that your sweepstakes Campaign(s) is approved for use in all jurisdictions where you may solicit Contributions, and you further agree to disallow or void any Contribution or entry from jurisdiction(s) not approved.
- You acknowledge that any registrations, licenses, surety bonds, or other requirements that may apply to your Campaign(s) are your responsibility to identify and complete prior to soliciting Contributions.
- You are expressly responsible for providing an affidavit of eligibility and liability/publicity release to the potential winner(s) of your sweepstakes Campaign(s) as required by any regulatory authority.
- You are expressly responsible for providing any applicable taxing authority documentation to the winner(s) of your sweepstakes Campaign(s), including an IRS Form 1099.
- Waiver and Release (e.g., for CA Residents)
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby irrevocably waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
- Legal Disputes Not Subject to Arbitration Will Be Handled in Bozeman, MT and Subject to Montana Law.
For any actions not subject to arbitration, you and Eventgroove Fundraising hereby irrevocably agree to submit to the personal jurisdiction of a state court located in Bozeman, MT or the United States District Court for Montana. The Terms and the relationship between you and Eventgroove Fundraising shall be in all respects governed by and construed under the laws of the United States (including federal arbitration law) and of the State of Montana, without regard to its conflict of law provisions.
- Dispute Resolution, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We encourage you to contact us if you have an issue, as most issues can be resolved without the involvement of a court or arbitrator. If negotiations do not resolve any disputes relating to your use of the Site, Services, Content or these Terms, you and we agree to this arbitration provision.
Using or accessing the Site, Services or Content (and otherwise agreeing to the Terms) constitutes your acceptance of this arbitration provision and your agreement that any claims will be resolved by binding arbitration, rather than in court, except that (i) you or Eventgroove Fundraising may seek equitable relief in court for infringement or misuse of IP Rights; and (ii) you may assert claims in small claims court if your claims qualify.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the provisions of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
For any actions not subject to arbitration, you and Eventgroove Fundraising hereby irrevocably agree to submit to the personal jurisdiction of a state court located in Bozeman, MT or the United States District Court for Montana. The Terms and the relationship between you and Eventgroove Fundraising shall in all respects be governed by and construed under the laws of the United States (including federal arbitration law) and of the State of Montana, without regard to its conflict of law provisions.
- Full Agreement Between You and Us
These Terms are the entire agreement between You and Eventgroove Fundraising with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Eventgroove Fundraising with respect to the Services and govern our relationship. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Eventgroove Fundraising’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
We may modify or discontinue the Services at any time, in our sole discretion. You agree that there shall be no third-party beneficiaries to these Terms. Neither these Terms (nor any User’s access to or use of the Site, Services or Content) create –and shall not be construed to create– any partnership, joint venture, employer-employee, agency, fiduciary or franchisor-franchisee relationship between you and us (or any of our Representatives). No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Eventgroove Fundraising’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey. For purposes of these Terms, (a) the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation” and (b) the word “or” is not exclusive.