WEBSITE TERMS OF SERVICE
1. Acceptance of Terms.
Welcome to AdsForCauses. By using our website or any of the services or functionality available through this website (collectively, this "Website"), you (as an individual or on behalf of the organization on whose behalf you utilize the Website, collectively "you" or "user") indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. The most recent version of these terms and conditions may be viewed at http://www.AdsForCauses.com/terms_of_service. These Terms of Service apply to all AdsForCauses, Inc. services and features unless otherwise indicated.
2. Scope of Service.
AdsForCauses, Inc. ("AdsForCauses" or "we," "us" or "our") maintains and provides this Website as a service to the user community that visits the Website, subject to these Terms of Service. The term "Website" includes all services and features available on AdsForCauses.com, including our services with regard to ad campaigns and our online discussion forums and chat rooms. You, as a user of this Website, are responsible for obtaining any equipment and Internet service necessary to access our Website and for any paying any fees for the service you select, to the extent such fees are expressly provided on our Website. We may alter, suspend, or discontinue the Website, in whole or in part, at any time and for any reason, without notice. We may impose limits on some features and services or restrict your access to parts or all of the Website for any reason and without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Some users of our Website may choose to register with us, in order to propose and/or fund advertising campaigns via our Website or for other legitimate purposes contemplated by our Website from time to time. When you register to participate in an Ad Proposal, online discussion forum, chat room, promotion, or other service offered on this Website, you will be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
The Website is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract.
3. Ad Campaign Proposals; Funding of Ad Campaigns.
a. Ad Campaign Proposals and Proposing Users.
Our Website is a platform for creating advertising campaigns promoting a cause's message and for raising funds to pay for the cost of publishing those advertising campaigns. Users of this Website ("proposers") who submit advertising campaign proposals to the Website ("Ad Campaign Proposals") warrant that they have all necessary legal rights to publically disseminate the words, sounds, imagery and overall message, either stated or implied, by the advertising campaigns ("Ad Campaign") set forth in their Ad Campaign Proposals. BY SUBMITTING AN AD CAMPAIGN PROPOSAL, YOU REPRESENT, WARRANT AND COVENANT THAT ALL CLAIMS IN SUCH AD CAMPAIGN PROPOSAL ARE TRUE, CORRECT AND COMPLETE, ARE AND WILL BE COMPLIANT WITH APPLICABLE LAW, AND THAT YOU WILL EFFECTUATE THE AD CAMPAIGN CONTEMPLATED IN THAT PROPOSAL IN A MANNER CONSISTENT WITH THAT PROPOSAL, IN THE EVENT SUCH AD CAMPAIGN BECOMES A "FUNDED CAMPAIGN."
b. Funding of Ad Campaigns; Binding Funding Pledges.
In order for you to financially support an Ad Campaign Proposal, you must complete the transaction pledge via AdsForCauses' payment processing partners, such as WePay or others that we may choose from time to time. Each user who completes such a pledge is referred to herein as a "funder" with respect to the applicable Ad Campaign Proposal. When an advertising campaign has been fully funded to the amount set forth in the Ad Campaign Proposal (each, a "Funded Campaign"), each funder will be charged the amount they pledged in connection with that Ad Campaign Proposal. Funders will only be charged if an advertising campaign achieves at least 100% funding by the funding deadline shown on the advertising campaign page; provided that, in the event there are defaults by funders which cause the funding for an Ad Campaign Proposal to be as low as ninety eight percent (98%) of the full funding target for that Ad Campaign Proposal, the applicable Ad Campaign shall continue to be a Funded Campaign. If the funding for the Ad Campaign Proposal is below 98% of the full funding target, all funders will be refunded the amount they were charged. Funders can cancel their funding pledge BEFORE the funding deadline by contacting customer support by emailing email@example.com or calling 617-963-0917. ONCE THE FUNDING DEADLINE HAS BEEN REACHED, YOUR COMMITMENT TO FUND AN AD CAMPAIGN PROPOSAL IS A BINDING COMMITMENT AND CANNOT BE REFUNDED, CANCELLED OR REVOKED.
c. Suspension or Termination of an Ad Campaign Proposal or Funded Campaign.
AdsForCauses reserves the right to cancel, delete, interrupt, suspend, or reject any Ad Campaign Proposal for any reason, before it is made public, or once public, before it reaches the funding deadline. Once an Ad Campaign reaches it's funding deadline and is a Funded Campaign, AdsForCauses will make every reasonable effort to get that Ad Campaign published. If AdsForCauses is unable to publish the Funded Campaign within 60 days, we will refund all funders the money they paid for that specific Ad Campaign Proposal, minus a return processing fee of 5%.
d. No Guarantee of Publication.
AdsForCauses is not responsible for any problems the advertising space owner enounters with publishing the Advertising Campaign, including but not limited to natural disaster, publication delays, accidents, vandalism, computer hacking, bankruptcy, content restrictions, technical problems, and software errors. AdsForCauses is not obligated to refund proposers or funders money if the advertising campaign cannot be partially or fully delivered because of problems the advertising space owner encounters. However, in the event that the Ad Campaign cannot be partially of fully published, AdsForCauses will attempt to re-coup some or all of the cost of the Ad Campaign from the advertising space owner. If any refund is received from the advertising space owner, AdsForCauses will deposit proportional refunds, in the form of AdsForCauses account credits, to each funder of that Ad Campaign. Note: AdsForCauses account credits have no cash value and can only be used to fund Ad Campaign Proposals on the AdsForCauses website.
e. Funding Amounts; Applicable Taxes.
Funders and proposers are responsible for paying all fees and applicable taxes associated with their use of the Website. We do not provide any assurance that any particular Ad Campaign is tax deductible or that any proposer is a charity. All fees and prices are quoted in U.S. Dollars, unless otherwise stated.
f. Intended Use of Ad Campaign Proposals.
AdsForCauses is a platform for cause and issue advocacy advertising. We reserve the right to reject any Ad Campaign Proposal for any reason. We may reject an Ad Campaign Proposal if, in our sole discretion, it does not have a significant relationship to a cause or issue, including Ad Campaign Proposals for personal or corporate profit or marketing.
4. Website Content.
All users of our Website have a personal, non-transferable, non-exclusive right to access and use the Content of this Website to the extent such Content is available to them pursuant to the intended functionality of our Website and consistent with their login credentials, subject to these terms and conditions. As used herein, the term "Content" means all information, text, images, data, links, software, or other material accessible through the Website, whether created by us or provided by another person for display on the Website.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website to the extent permitted by our Website, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
By using this Website, you agree to indemnify, hold harmless and defend AdsForCauses from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this Website.
6. Content Submitted by Users.
a. Accuracy. If you choose to provide information to register for or participate in a service, event, or promotion on this Website, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
b. Liability. We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our Website, such as through an Ad Proposal, online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of AdsForCauses. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
c. Monitoring. We have the right, but not the obligation, to monitor Content submitted to our Website through Ad Proposals, online discussion forum or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any Ad Proposal, online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that AdsForCauses, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
d. Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. "Lobbying" includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by AdsForCauses, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
7. Prohibited Conduct.
By accessing or using our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by AdsForCauses.
b. Use a name, username, email address or language that AdsForCauses, in its sole discretion, deems offensive, vulgar or obscene.
c. Post defamatory statements.
d. Post hateful or racially or ethnically objectionable Content.
e. Post Content which infringes another's copyright, trademark or trade secret.
f. Post unsolicited advertising or unlawfully promote products or services.
g. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
h. Impersonate another person or entity, including any employee or representative of AdsForCauses.
i. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
j. Exploit children under 18 years of age.
k. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the discussion forum.
l. Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
m. Obtain unauthorized access to any computer system through the Website.
n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
o. Solicit personal information from children under 13 years of age.
p. Violate any federal, state, local, or international law or regulation.
q. Encourage conduct that would constitute a criminal or civil offense.
r. Post Content you know is false, misleading, untruthful, or inaccurate.
s. Abusively or illegally spam people to encourage traffic to the Website and/or to specific Ad Proposal or other Content.
t. Promote competitive products or services or ancillary content that features competitive products or services.
You shall not: (i) take any action that imposes or may impose (as determined by AdsForCauses in its sole discretion) an unreasonable or disproportionately large load on AdsForCauses' (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass any measures AdsForCauses may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Website; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.
8. Intellectual Property Rights.
Each Ad Campaign Proposal and Funded Campaign are the property of the applicable proposer or their licensors. Except as otherwise noted in this Section 8, all Content contained on this Website is the property of AdsForCauses and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by AdsForCauses and with the expectation that such Content will be made publicly accessible through our Website. By submitting any Content (other than an Ad Campaign Proposal and Funded Campaign), however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems. By submitting any Ad Campaign Proposal and any content embedded in the resulting Ad Campaign, however, you agree to grant us a world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, and publicly perform or display such Ad Campaign Proposal and related content for the purposes contemplated by these terms and conditions and by the Website. These licenses shall remain in effect until we delete the applicable Content from our systems.
9. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to this Website is:
AdsForCauses, Inc., 89 Beethoven Ave, Newton, MA 02468
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
10. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, ADSFORCAUSES DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability.
IN NO EVENT SHALL ADSFORCAUSES OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADSFORCAUSES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM ADSFORCAUSES OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL ADSFORCAUSES BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Links to Third-Party Websites.
This Website may contain links to non-AdsForCauses websites that are provided to you as a convenience. Any outside website accessed from our Website is independent from AdsForCauses, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-AdsForCauses websites.
Users of the Website are solely responsible for your interactions with all other users and any disputes that arise from those interactions with other users. AdsForCauses may monitor disputes between users, but is not obligated to monitor the disputes.
14. No Implied Endorsements.
In no event shall any reference to any cause, Ad Campaign Proposal, Ad Campaign, Funded Campaign, third party or third party product or service be construed as an approval or endorsement by AdsForCauses of that cause, Ad Campaign Proposal, Ad Campaign, Funded Campaign, third party or of any product or service provided by a third party. Likewise, a link to any non-AdsForCauses website or the inclusion or promotion of any cause, Ad Campaign Proposal, Ad Campaign or Funded Campaign via our Website does not imply that we endorse or accept any responsibility for the content or use of such a website or those causes, Ad Campaign Proposals, Ad Campaigns or Funded Campaigns. AdsForCauses does not endorse, warrant or guarantee (i) that any funder will honor their commitments nor (ii) any cause, product or service offered or promoted by any third party through this Website. We will not be a party to or in any way monitor any transaction involving any third party providers of Ad Campaigns, products or services, except for specific services we may offer to the proposer in the implementation of a Funded Campaign. As with the purchase of a product or service through any medium or in any environment or the support of any causes, you are responsible for exercising appropriate judgment and caution.
15. Jurisdictional Issues.
We make no representation that information on this Website is appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user's access to our Website, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website.
You acknowledge and understand that in the event your account is terminated by you or AdsForCauses for any reason, you will not have access to nor any right to retrieve any Content available on the Site.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association ("AAA"). The parties shall agree on a sole arbitrator or, if the parties cannot agree within thirty (30) days of the request of either party, the AAA shall appoint such sole arbitrator. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of its costs and of its reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). The arbitrator shall be required to implement the terms and conditions set forth herein. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the Commonwealth of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
19. Entire Agreement.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
20. For Additional Information.
If you have any questions about these Terms of Service, please contact legal@AdsForCauses.com
Copyright © 2012, AdsForCauses, Inc. All Rights Reserved.