Terms of Service (v.08.13.2020)
Challenge Raise is excited you chose us to help you succeed in your fundraising efforts!
Challenge Raise may amend the Terms at any time in our sole discretion by posting a revised version of the Terms. Unless we make clear otherwise, access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If we make any material change to these Terms, we will notify Users by sending an email, posting a notice through the Services, or any other place(s) as appropriate.
Below are important legal terms that apply to anyone visiting our website or using our services. These terms are necessary to protect both you and us and to make our services possible.
Challenge Raise, LLC.. (“Challenge Raise”) maintains this website and its mobile applications (collectively, the “Challenge Raise Site”) as a service to: its visitors; its clients who create fundraising campaigns; and visitors to Client’s Websites, (visitors, Clients, and visitors to Client’s Websites are collectively referred to as, the “Users” and individually as “User”). We’ll let you know about any changes, by notifying you on the Site or by sending you an email. If you keep using Challenge Raise after changes, you are accepting the new terms.
Please review the following terms and conditions carefully.
We’ll let you know about any changes, by notifying you on the Site or by sending you an email. If you keep using Challenge Raise after changes, you are accepting the new terms.
2. Creating an Account
You must be 18 or over to sign up for a Challenge Raise account. If necessary, we may ask you for proof of age. You bear full responsibility for your account and all the activities associated with it. You can browse Challenge Raise.com and donate to a crowdfunding campaign without registering for an account. However, to use some of our Services, you need to register (create an account name and password).
If you choose to register for an account, you must register with accurate and complete information. Don’t impersonate anyone or choose offensive names or violate anyone’s rights. If you fail to comply with these terms, your account may be terminated.
You’re responsible for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to firstname.lastname@example.org
3. Prohibited Activities
All users are expected to behave responsibly. The following activities are prohibited and grounds for cancellation of your account and or campaign:
Using our platform or Services to; break the law, infringe upon or violate other people’s rights, or breaching any contract or legal duty you have toward anyone.
Falsifying information or lying to our employees or donors – including posting information you know is false, misleading, inaccurate, deceptive, or fraudulent.
Offering prohibited items, illegal rewards, or anything that violates Challenge Raise’s policies, rules, or guidelines, or violates any applicable laws, statutes, ordinances, or regulations.
Using threatening, abusive, harassing, defamatory, libelous, tortuous, obscene, or profane language, or invading another person’s privacy. Spamming or distributing unsolicited or unauthorized advertising or promotional material, or any junk mail, or chain letters.
Running mail lists, listservs, or any kind of auto-responder on or through the Site. Harming anyone’s computer, distributing software viruses, or anything else (code, video, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (belonging to Challenge Raise or a third party).
Abusing other users’ personal information, including names, email addresses, and postal addresses. This information is provided for the purpose of participating in Challenge Raise campaigns and must not be used for other purposes.
In order to to make sure our Site is secure and our systems function properly, the following actions are prohibited:
Interfering with the proper workings of our Services. Bypassing any measures put in place to secure our Services.
Damaging or gaining unauthorized access into any system, data, passwords, or other information, belonging to Challenge Raise, our users, or a third party. Imposing what we may determine to be an unreasonable load on our infrastructure, or on our third-party providers.
Using any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of our Site.
Reverse engineering any aspect of Challenge Raise in an effort to access things like source code, underlying ideas, or algorithms.
6. Scope of Responsibility
Challenge Raise is not responsible for a campaign’s performance, and we don’t mediate disputes between fundraiser creators and supporters. Challenge Raise LLC isn’t liable for any damages or losses related to the use of our Services. We don’t oversee the performance or punctuality of campaigns, and we don’t endorse any content users submit to the Site.
When you use our Services, you release Challenge Raise from all claims, damages, and demands of any kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content accessed through our Services is at your own risk. You’re solely responsible for any resulting damages or loss to any party.
7. Other Websites
If you follow a link to another website, we are not responsible for your browsing activities on such sites. Accessing third-party websites is done at your own risk. Challenge Raise does not control or endorse those sites.
8. Your Intellectual Property
We don’t own the content you post on Challenge Raise. When you post it, you’re giving us permission to use or copy it as needed in order to run the site, market your campaign and market our company. You’re responsible for the content you post, and you’re vouching to us that it’s legal to use. When you submit a campaign for review or launch a campaign, you agree to these terms:
We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete or translate any of your Content.
You won’t submit content you don’t hold the copyright for (without permission). 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 Challenge Raise all the license rights outlined here).
Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Challenge Raise’s hosting of that Content.
You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Challenge Raise or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this 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.
You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
We’re not responsible for mistakes in your content. Challenge Raise will not be liable for any errors or omissions in any content.
9. Challenge Raise’s Intellectual Property
The content on Challenge Raise is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Challenge Raise’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Challenge Raise grants you a license to reproduce content from the Services for personal use only. This license covers both Challenge Raise’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Challenge Raise or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
10. Our Rights
We reserve the right to make decisions to protect the integrity of our system. Specifically, Challenge Raise reserves these rights:
We can make changes to the Challenge Raise Site and Services without notice or liability.
We have the right to decide who’s eligible to use Challenge Raise. We can cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Challenge Raise in that jurisdiction.
We have the absolute right to cancel any pledge to any project, at any time and for any reason. We have the right to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.
Challenge Raise is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Users are entirely responsible for maintaining the confidentiality of passwords and accounts.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, defend and hold harmless Challenge Raise and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to:
(a) any information (including User’s User Content or any other content) that User or anyone using User’s account submits, posts, or transmits on or through the Sites or Services;
(b) the use of the Sites or Services by User or anyone using User’s account;
or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by User or anyone using User’s account.
Challenge Raise reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User. If Challenge Raise does assume the defense of such a matter, User will reasonably cooperate with Challenge Raise in such defense. User agrees to immediately notify Challenge Raise of any unauthorized use of User’s account or any other breach of security known to User.”
12. Limitation of Liability
To the fullest extent permitted by law, in no event will Challenge Raise, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Challenge Raise’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
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 and disclaimers may not apply to User. To the extent Challenge Raise may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Challenge Raise’s liability will be the minimum permitted under such law.”
13. Dispute Resolution and Governing Law
We’re located in the State of Washington, and any disputes with us have to be handled in Washington under Washington law.
We at Challenge Raise encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Florida 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 Challenge Raise and its Services are deemed a passive website that does not give rise to jurisdiction over Challenge Raise or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Washington. 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 Challenge Raise, shall be filed only in the state or federal courts located in Pierce County in the State of Washington, and you hereby consent and submit to the personal jurisdiction of these 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.
14. Arbitration of Disputes
In the event any legal action or proceeding occurs which is in any manner related to or pertaining to this agreement, attempting to challenge in a non-arbitral forum the validity or application of this agreement, the party who substantially prevails in that court or non-arbitral proceeding shall be entitled to receive reasonable costs of such action or proceeding including attorney’s fees. In the arbitration itself, each party shall bear its own attorneys’ fees. The following disclosures are agreed to prior to arbitration procedures:
ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES.
THE PARTIES HERETO ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL.
PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDING.
THE ARBITRATOR’S (S) AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATOR (S) IS STRICTLY LIMITED.
THE ARBITRATOR OR PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE AN ATTORNEY OR JUDGE, ACTIVE OR RETIRED.
YOU HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND THEIR TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND FREELY AND VOLUNTARILY AGREE WITHOUT ANY INDUCEMENT.
BY USING THIS SERVICE AS AN AGENT, PARTNER, SERVICE PROVIDER, CAMPAIGNER, DONOR, OR EMPLOYEE, YOU ARE SIGNIFYING UNDERSTANDING AND ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT. The Terms and the other material referenced in them are the entire agreement between yourself and Challenge Raise with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Challenge Raise with respect to the Services and govern our future relationship.
If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Challenge Raise to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
Registration on the Challenge Raise.com Site cannot be assigned to others, transferred, or sub-licensed. Challenge Raise has the right to assign, transfer, or delegate all of its rights and obligations under these Terms without your consent. Challenge Raise will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
After adequate and good consideration, you hereby grant, release, and quitclaim to Challenge Raise royalty-free rights and authority to use, reproduce, and distribute, quoted material, my child’s or my own photograph, likeness, recorded voice or videotaped/filmed appearances, social media content, and social media contacts for promotional and advertising purposes as Challenge Raise deems appropriate. You also grant Challenge Raise permission to give my name, address, date of birth, gender, phone, electronic mail address, sports interests, and donor information for direct marketing purposes, but reserve the right to opt-out at any time.
By registering on the Challenge Raise.com website, you further expressly agree that the waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
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Copyright; Permitted Uses; Restrictions on Use
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Challenge Raise complies with the DMCA, and we respond to notices of the alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts for infringers at our discretion.
If you believe that a User has infringed your intellectual property rights please notify Challenge Raise in writing, by e-mail or mail to our designated agent listed below. To be effective the notification should include:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works identification of the claimed infringing material and information reasonably sufficient to permit Challenge Raise to locate the material on the Sites or ServicesInformation reasonably sufficient to permit Challenge Raise to contact you, such as an address, telephone number, and, if available, an e-mail 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 a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, Challenge Raise may immediately remove the identified materials from the Sites and Services without liability.
Challenge Raise will terminate User’s account if Challenge Raise determines User to be a repeat infringer. Repeat infringers are Users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
We provide you with great services, but can’t guarantee everything will always work perfectly. You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
Challenge Raise SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CHALLENGE RAISE SHALL CREATE ANY WARRANTY.