Terms of Usage:Please-Fund-Me Website - Terms Of Usage Agreement July 8, 2016 1. Legal Information PLEASE-FUND-ME PROVIDES THE WEB SITE PLEASE-FUND-ME.COM SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH HERE. READ THESE TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING PLEASE-FUND-ME.COM This agreement is made between Please-Fund-Me and you, the user, visitor and/or registered user. By using our Please-Fund-Me.com site, you agree to be bound by these terms. If you do not agree to these terms, then do not use our Please-Fund-Me.com web site. We reserve the following rights at our sole discretion at any time: - To change the Please-Fund-Me site, such as eliminate or discontinue any content or features, restrict the amount of use permitted, or to limit the hours of availability; - To change any fees for site usage, including instituting new fees or charges for the usage or other related services. - To change this agreement's terms and/or conditions; Changes will be effective upon notice. We may provide notice by any means including, but not limited to, via email or posting on our site. Your usage of our site after such notice will be deemed acceptance of the changes. Review this agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. You must be at least 13 years of age to use Please-Fund-Me.com. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your usage. 2. Limitation of Liability NEITHER PLEASE-FUND-ME, NOR OUR AFFILIATES, ADVERTISERS, SUPPLIERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE AND/OR CONTENT CONTAINED ON OUR SITE IS TO STOP USING OUR SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PLEASE-FUND-ME FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO PLEASE-FUND-ME FOR USAGE OF OUR SITE. 3. Ownership; Proprietary Notices The Please-Fund-Me.com web site is property of Please-Fund-Me. The Please-Fund-Me.com site is owned and operated under contractual arrangements. Unauthorized usage of the materials on the site may violate copyright, trademark, patent and other laws, and is prohibited. You acknowledge that you do not acquire any ownership rights by your usage of Please-Fund-Me.com. The Please-Fund-Me logo, product, and service names are registered to the Please-Fund-Me.com owner. All other trademarks and/or service marks used in the site are the trademarks and/or service marks of their respective owners. THE PLEASE-FUND-ME WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, ANY SITE RELATED SERVICE, OR ANY PRODUCT PURCHASED OR MADE AVAILABLE THROUGH IT, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLEASE-FUND-ME AND AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PLEASE-FUND-ME, AFFILIATES, SPONSORS, AGENTS NOR SUPPLIERS MAKE ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USAGE OF THE SITE OR ANY SITE-RELATED SERVICES. PLEASE-FUND-ME, SUPPLIERS, AGENTS AND AFFILIATES DO NOT WARRANT THAT YOUR USAGE OF THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL RELATED CHARGES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USAGE OF THE SITE, THE SOFTWARE, AND YOUR RELIANCE ON IT. NO OPINION, ADVICE, OR STATEMENT OF PLEASE-FUND-ME, ITS AFFILIATES, AGENTS, SUPPLIERS, REGISTERED USERS, OR OTHER VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU USE THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ENTIRELY AT YOUR OWN RISK. You acknowledge that Please-Fund-Me.com could include inaccuracies, errors, or materials that violate the Terms of Usage (including the "Code of Conduct" section). Additionally, you acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the site. Although Please-Fund-Me.com attempts to ensure the integrity and the accuracy of the site, we make no guarantees as to the site's completeness or correctness. In the event that a situation arises, contact us at admin@please-fund-me.com with a description of the material to be checked and the location (URL) where such material can be found on our site, as well as information to contact you. We will try to address your concerns as soon as reasonably practical. For copyright infringement claims, see the section on "Claims of Copyright Infringement." User authentication on the internet is not perfect. Therefore we do not, and cannot, confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions, nor can we control the behavior of any users, in the event that you have a dispute with one or more users, you release Please-Fund-Me, its agents, affiliates and employees, from all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with relationships begun on the internet. You assume all risks related to dealing with other users with whom you have contact through our site. Please-Fund-Me reserves the right to mark accounts and/or content as "inactive" when inactive for an extended period of time. Please-Fund-Me reserves rights to change these practices at any time, at our sole discretion, with customary notice(s) to users and the public. While Please-Fund-Me will apply reasonable efforts to back up site data and make restore data available in the event of loss or deletion, Please-Fund-Me has no responsibility or liability for the deletion or failure to store any content maintained on the site. Please-Fund-Me offers web services permitting fund raisers to collect donations from donors. Your use of Please-Fund-Me must comply with all applicable laws, regulations and ordinances. You agree that you will protect the privacy and legal rights of the donors and fund-raisers. You agree that Please-Fund-Me has no responsibility or liability for the deletion or failure to store any Please-Fund-Me content. You further acknowledge that you are solely responsible for securing and backing up any Please-Fund-Me content that you contribute. 4. Indemnification; Void Where Prohibited Although Please-Fund-Me may be accessible worldwide, not all products or services discussed, referenced or made available on the site are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials on the site are appropriate or available for use in locations outside the United States. Those who choose to access Please-Fund-Me.com from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Please-Fund-Me reserves the right to limit the availability of the site and/or any product or service described on it to any person, geographic area, or jurisdiction at any time and to limit the quantities of any such product or service that we provide. Use of Please-Fund-Me.com is void where prohibited. You agree to indemnify, defend and hold us, our affiliates, sponsors, agents, officers, employees, directors, and representatives harmless from and against any and all claims, losses, damages, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of, or from: (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Please-Fund-Me Site or Site-related services. 5. Acknowledgments The Please-Fund-Me Site contains links to other web sites operated by third parties. We neither control nor endorse the other web sites, nor have we approved any content that appears on the linked sites. You acknowledge that when you click on a link to visit a linked site, pages may appear that contain other company logos, advertisements and/or content selected by other companies. You acknowledge that Please-Fund-Me and its sponsors neither endorse nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. You also acknowledge that the owner of the linked site neither endorses nor is affiliated with Please-Fund-Me and its sponsors. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information. 6. Please-Fund-Me Submissions and Content You must designate the purpose of your fund-drive when you request to establish a fund-drive page under Please-Fund-Me. Appropriate and worthy causes include: Charities & non-profit group causes. Accept donations Medical needs Volunteer efforts Education (schools, churches) Emergencies & natural disaster relief efforts Memorials Sports Animals, environment Veterans Victims Projects, crowd funding New businesses Other worthy causes ... Illegal and immoral causes will be denied. When you post information content on Please-Fund-Me.com, you represent and warrant: - That you own, or have sufficient rights to post, your content on Please-Fund-Me.com; - That you have fully complied with any third-party agreements relating to your Please-Fund-Me collections, agree to pay for all royalties, fees and any other monies owing any person by reason of any of your Please-Fund-Me content that you posted on, or through, Please-Fund-Me.com; - That your Please-Fund-Me content does not contain any viruses, Trojan horses, worms, malicious code or other harmful or destructive content; - That your posting of your Please-Fund-Me content on, or through, Please-Fund-Me.com does not violate the privacy rights, copyrights, publicity rights, contract rights or any other rights, including intellectual property rights, of any person or entity; - That your Please-Fund-Me Content is not obscene, lascivious, lewd, excessively violent, harassing, libelous or slanderous, illegal, does not advocate the violent overthrow of any government, does not incite, encourage or threaten immediate physical harm against another; - That your Please-Fund-Me Content does not endorse or promote racism, hatred, bigotry, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual; - That your Please-Fund-Me Content does not contain material that solicits personal information from anyone under 18 nor exploit people under the age of 18 in a sexual or violent manner, and does not violate any state or federal law concerning child pornography or otherwise intended to protect the health and well-being of minors; - That your Please-Fund-Me content does not constitute, contain, install or attempt to install or promote spy-ware or malware or any other computer code (whether on Please-Fund-Me's or others computers or equipment) intended to enable you, or enables you, or others to gather information about or monitor the online or other activities of another party. - That your Please-Fund-Me Content does not violate, or link to material that violates, any provision of these Terms or any local, state, or federal law or regulation; 7. Submissions/Content - Code of Conduct Our Please-Fund-Me site is operated for the purpose of sharing information about find raising endeavors. The Please-Fund-Me site provides a publicly accessible and search-able site to post brief descriptions of fund-drives, related announcements, of updates and external links to related information, about the given cause. The person posting information content, text, photographs, graphics, messages, concepts, notes, ideas, or other materials assumes sole responsibility for the posted content. This means you, and not Please-Fund-Me, are entirely responsible for all content that you upload, posts, or otherwise transmit via Please-Fund-Me.com. No user shall transmit content or otherwise conduct or participate in any activities on our site that, is prohibited by law in any applicable jurisdiction, including laws governing encryption of software, export of technology, transmission of obscenity, or non-permissible uses of intellectual property. Please-Fund-Me reserves the right, at our sole and absolute discretion, to refuse or delete any content from Please-Fund-Me.com at any time. Please-Fund-Me reserves the right, but not the obligation, at our sole discretion to refuse or delete any content that we reasonably consider to violate this agreement or could be otherwise illegal or which does not fulfill the purpose of Please-Fund-Me. Please-Fund-Me, at our sole and absolute discretion, may preserve content and may also disclose content if required to do so by law or judicial or governmental mandate, or as reasonably determined useful by Please-Fund-Me to protect the rights, property, or personal safety of our users and the public. Please-Fund-Me does not control the content posted to our site and, as such, we do not guarantee its accuracy, integrity or quality of its content. Under no circumstances will Please-Fund-Me be liable in any way for any content, including, but not limited to, liability for any errors or omissions in any content or for any damage or loss of any kind incurred as a result of the usage of any content posted, or otherwise transmitted via Please-Fund-Me.com. When using the site, you may be exposed to content that is indecent, offensive or objectionable. You must evaluate, and bear all risks associated with your usage of any content, including any reliance on the completeness, accuracy, or usefulness of content. Use, modification, reproduction, and other intellectual property rights to data stored on our site will be subject to licensing arrangements that may be approved by Please-Fund-Me as applicable to such content. The submitting users retain ownership with respect to text or data entered into and stored by our publicly-accessible site, such as on forums and comment areas. Statistical measurement data generated by Please-Fund-Me, publicly-available or otherwise, is owned by Please-Fund-Me. Submitting users grant Please-Fund-Me a royalty-free, irrevocable, perpetual, non-exclusive, transferable license to use, modify, reproduce, adapt, translate, publish, create derivative works from, perform, distribute, and display statistical data (in whole or part) worldwide and/or to incorporate it in other works in any form, technology, or media. By posting content to any area of our site, you grant us a worldwide, non-exclusive, able to be sub-licensed (even through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (even through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such content in any media now known or hereafter developed. You grant Please-Fund-Me permission to display your logo, trademarks and company name on our site and in press and other public releases or filings. Further, by submitting content, you acknowledge that you have the authority to grant such rights to Please-Fund-Me. FOR ANY CONTENT YOU SUBMIT, YOU RETAIN OWNERSHIP OF YOUR COPYRIGHTS, TRADEMARKS AND/OR SERVICE-MARKS. 8. Claims of Copyright Infringement Please-Fund-Me respects the intellectual property rights of others, and requires that all users of Please-Fund-Me.com do the same. Our policy is to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. You will be liable for damages (including costs and attorneys' fees) if you make any material misrepresentations when making or countering a copyright infringement claim. Please notify us by providing the following information, if you believe any work has been copied and is accessible on our site in a way that constitutes copyright infringement: a. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed with information sufficient to permit Please-Fund-Me to locate the material, for example, the Uniform Resource Locator (URL). b. Identification of the copyrighted work claimed to have been infringed. c. Information reasonably sufficient to permit Please-Fund-Me to contact you, such as name, postal address, telephone number, and an email address at which you may be contacted. d. Include the following statement: "Use of the material I have identified, is not authorized by the copyright owner, its agent, or the law." e. Include the following statement: "The information in my notification is accurate, and under penalty of perjury, I am the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." f. A physical, electronic or digital signature, in a form reasonably acceptable to Please-Fund-Me, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. g. Send communication to the following address: admin@please-fund-me.com Attention: General Counsel. Send electronically-signed communication to admin@Please-Fund-Me.com. A copy of your notice (with your personal contact information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. A link to your published notice may also be displayed in Please-Fund-Me.com's search results in place of the removed material. 9. Registration; Use of Secure Areas and Passwords Some areas of Please-Fund-Me.com may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this agreement with you and your current or future use of Please-Fund-Me.com, or any portion of it. You will set passwords and account designations during the site registration process, for which you are wholly responsible for maintaining their confidentiality and wholly liable for all activities occurring under them. You agree not to distribute, transfer or resell your access to our site to any third party. Please-Fund-Me cannot and will not be liable for any damage or loss arising from your failure to comply, including any damage or loss arising from your failure to: (1) immediately notify Please-Fund-Me of any unauthorized use of your password or account, or any other breach of security; and (2) ensure that you exit from your account at the end of each session. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORDS AND ACCOUNT DESIGNATIONS, AND YOU ARE ENTIRELY AND SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Please-Fund-Me handles user registration data in accordance with our Privacy Policy. 10. Restricted Users Users of Please-Fund-Me.com represent that you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, or Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor sites). Users residing in countries on the United States Office of Foreign Assets Control sanction list, including Cuba, Iran, North Korea, Sudan and Syria, may not post content to, or access content available through, Please-Fund-Me.com. 11. Miscellaneous Please-Fund-Me may terminate your account under Please-Fund-Me's discretion and for any reason. Please-Fund-Me is likely to terminate for reasons that include, but are not limited to: (1) abuse of site resources, or attempt to gain unauthorized entry to site resources; (2) violation of this agreement; (3) use of the site in a manner inconsistent with its purpose; (4) your request for termination; or (4) as required by law, regulation, court or governing agency order. Please-Fund-Me's termination of your access may occur without notice and, Please-Fund-Me may immediately deactivate or delete user's account and/or bar any further access. Please-Fund-Me shall not be liable to any user or other third party for any termination of access or account. In addition, your request for termination will result in deactivation but not necessarily deletion of your account. Please-Fund-Me reserves the right to delete, or not delete, your account at our sole discretion, as well as to delete, or not delete, content. This agreement is entered into in the State of New York and is governed by the laws of the State of New York. Each party to this agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the State of New York for any dispute arising under or in connection with this agreement, the site or any site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforcing this agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this agreement are held by a court or other competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the balance of this agreement shall otherwise remain in full force and effect and be enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this agreement shall not be deemed a waiver or relinquishment of any similar right or power at a subsequent time. Please-Fund-Me reserves the right to share or transfer personal information and aggregate information to a third party should Please-Fund-Me ever file for bankruptcy or in the event of a sale, merger, transfer or acquisition of all or a material part of the company. In addition, we may share your personal information with affiliated companies. This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements existing between the parties are expressly canceled. This agreement is not assignable, transferable or able to be sub-licensed by you except with prior written consent. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision. Our Company reserves the right in its sole discretion to terminate the use of the site by a user at any time. Please report any violations of the terms to the site administrator at admin@Please-Fund-Me.com. 12. Complaints, Questions, Comments Send correspondence to admin@please-fund-me.com. We may, or may not, look at or respond to correspondence at our discretion. |
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