Description of Service
The Service allows certain users (“Campaign Owners”) to raise funds for their campaigns (“Campaigns”), and other users (“Funders”) to contribute funds to specific Campaigns. Campaign Owners may, but are not required to, offer incentives or other rewards to Funders of their Campaigns (“Rewards”). Campaign Owners, Funders and other users accessing information on the Site shall be deemed “Users.” Users may be able to submit various content to the Site, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, Campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”).
Right to Modify
FAITHIFY reserves the right to suspend or discontinue the Service at any time for any reason. FAITHIFY may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Campaign Owners must be at least 18 years of age (and at least the legal age required to enter into a contract in their jurisdiction) to use the Service. Others users must be at least 18 years of age (and at least the legal age required to enter into a contract in their jurisdiction) or have the permission of a parent or guardian in order to use the Service. By using the Service, you represent and warrant that you comply with the above requirements, and that all registration information you submit is accurate and truthful. FAITHIFY may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Rules and Conduct
The Service is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action with respect to the Service that:
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- you know, or reasonably should know, is false, misleading, or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
- constitutes unsolicited or unauthorized advertising or promotional material, including “junk mail”, “spam”, or “chain letters”;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Faithify or any third party;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- impersonates any person or entity, including any employee or representative of FAITHIFY.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by FAITHIFY in its sole discretion) an unreasonable or disproportionately large load on FAITHIFY’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures FAITHIFY may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Campaign Owners agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Campaign Owner’s Campaign, or is not related to fulfilling delivery of a product or service explicitly specified in the Campaign Owner’s Campaign.
Campaigns: Fundraising and Commerce
By creating a Campaign, the Campaign Owner is offering the public the opportunity to enter into a contract. By funding a Campaign, the Funder is accepting the office of the Campaign Owner and contract between Funder and Campaign Owner is thereby formed. FAITHIFY is not a party to that contract. All dealings are solely between Campaign Owner and Funder.
By creating and/or funding a Campaign, you agree to be bound by this entire Agreement, including the following terms:
- Funders agree to provide their payment information at the time they pledge to a Campaign. The payment will be collected at or after the Campaign deadline and only if the total amount of money pledged by all Funders as of the deadline is at least equal to the fundraising goal of the Campaign.
- Funders consent to FAITHIFY and its payments partners authorizing or reserving a charge on their credit card or other payment method for an amount up to the full pledge and anticipated vendor processing fees at any time between the pledge and collection of the funds.
- Funders agree to have sufficient funds available at the Campaign deadline to ensure that the pledge will be collectible.
- Once a pledge is made, it cannot be cancelled by the Funder. For any Campaign that fails to meet its funding goal by the applicable deadline, FAITHIFY will cancel Funder’s pledges for that Campaign.
- For successful Campaigns, FAITHIFY additionally gives to the Campaign Owner each Funder’s name and email and any relevant personal information to conduct follow up with funders
- Faithify does not offer refunds. A Campaign Owner is not required to grant a Funder’s request for a refund
- Campaign Owners may cancel or refund a Funder’s pledge at any time and for any reason
- Because of occasional failures of payments from Funders, FAITHIFY cannot guarantee the receipt by Campaign Owners of the amounts pledged.
- FAITHIFY’s payment processing vendor will remove their fees before transmitting proceeds of a Campaign. FAITHIFY reserves the right to cancel a pledge at any time and for any reason.
- FAITHIFY reserves the right to reject, cancel, interrupt, remove, or suspend a Campaign at any time and for any reason. FAITHIFY is not liable for any damages as a result of any of those actions. FAITHIFY’s policy is not to comment on the reasons for any of those actions.
- Campaign Owners should not take any action in reliance on having their campaign project posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising Campaign and access to the funds.
FAITHIFY is not liable for any damages or loss incurred related to Rewards or any other use of the Service. FAITHIFY is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Campaigns on the Site. FAITHIFY does not oversee the performance or punctuality of Campaigns. FAITHIFY does not endorse any User submissions, activity or Content. You hereby release FAITHIFY, its officers, directors, members, employees, agents, and successors from any claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and to the Service or the Site.
Fees and Payments
Creating an account on FAITHIFY is free. However, for the processing of pledge funds, FAITHIFY will use an outside third party processor, presently Stripe Inc. (www.stripe.com). Stripe charges funders a vendor processing service fee equal to 2.9% of the pledge amount plus $0.30 cents per transaction. All fees are added to each transaction automatically. Stripe fees and commissions are subject to change without notice from us. Please see www.stripe.com for its terms and conditions of use.
FAITHIFY does not charge a fee of any kind.
The Site’s online donation pages will be publicly available on the internet for all to see, including search engines like Google and Yahoo. The Service does not allow private or hidden donation pages.
Funders will have the option to publicly display donations for all to see, including search engines like Google and Yahoo. During the donation process, you will have the option to hide your donation, including your name, comment and/or Facebook photo from others visitor and search engines alike.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Service. When you access third-party websites, you do so at your own risk. Those other websites are not under FAITHIFY’s control, and you acknowledge that FAITHIFY is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Service does not imply endorsement by or affiliation with FAITHIFY. You further acknowledge and agree that FAITHIFY shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. We encourage you to be aware of, and the read, the terms and conditions and privacy policies of any third-party website that is in any way linked to or from the Service.
License to Company Content
You agree that the Service contains Content provided by FAITHIFY, including its partners, and by Users. All such Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. All trademarks, logos and service marks contained on the Service are our property or the property of third-parties. Third-parties are permitted to use the FAITHIFY logo to encourage users to visit the FAITHIFY website, however the logo may not be changed or altered in any way, no text or other material can accompany or be associated with the logo in any way that is false or misleading, and use of the logo is subject to FAITHIFY’s sole right to terminate its use for any reason. Except as otherwise permitted by this Agreement, you are not permitted to use any mark without the prior written consent of the party who owns that mark.
FAITHIFY hereby grants to our Users a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the any Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission fromFAITHIFY, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
By submitting Content, you agree to the following terms:
- FAITHIFY will not have any ownership rights over your User Content.
- You hereby grant toFAITHIFY the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to): (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your Content, including your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) Faithify’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) and the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the Content and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the Content, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to Faithify does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to your Content.
- You are publishing your Content, and you may be identified publicly by your name or Username in association with your Content.
- You grant to each User a non-exclusive license to access your Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content solely for personal, non-commercial use.
- You further agree that your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant FAITHIFY all of the license rights granted herein.
- You will pay all royalties and other amounts owed to any person or entity based on your publishing the Content on the Service.
- Your use or other exploitation of Content will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- FAITHIFY shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your Content.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom that content originated.
- FAITHIFY will not be liable for any errors or omissions in any Content.
- FAITHIFY cannot guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, FAITHIFY has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. FAITHIFY also may terminate User accounts even based on a single infringement.
FAITHIFY will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a notification by emailing us at firstname.lastname@example.org. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c) (3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, sufficient for FAITHIFY to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
FAITHIFY has no special relationship with or fiduciary duty to you. You acknowledge that FAITHIFY has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. FAITHIFY cannot guarantee the authenticity of any data or information that Users provide about themselves or their Campaigns and donations. You release Faithify from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Faithify makes no representations concerning any Content on the Site, and FAITHIFY is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
FAITHIFY does not guarantee that any Content will be made available through the Service. FAITHIFY has no obligation to monitor the Service or Content. FAITHIFY reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Campaign; (ii) remove, edit, or modify any Content; and (iii) remove or block any User. FAITHIFY reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. FAITHIFY, and its officers, directors, members, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; and (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
FAITHIFY makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Faithify will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on FAITHIFY’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): Faithify MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. FAITHIFY will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on FAITHIFY’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
In no event shall FAITHIFY, nor its directors, officers, employees, members, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from FAITHIFY all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. FAITHIFY may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that FAITHIFY and its Services are deemed a passive website that does not give rise to personal jurisdiction over FAITHIFY or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Massachusetts. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the federal courts or state court in the Commonwealth of Massachusetts, Suffolk County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Integration and Severability
By using the Service, you consent to receive from FAITHIFY all communications, including notices, agreements, legally required disclosures or other information in connection with this Agreement and the Service electronically. The company may provide such notice by email or by posting on the Site, in MBC’s discretion. If you desire to withdraw your consent to receive notices electronically, you must discontinue use of the Service.