Purpose United Project

(iConnected Global, Inc.)

Terms of Use

Effective March 20, 2014

These Terms of Use govern your use of Purpose United Project’s websites and services (the “Service”). By using the Service, you agree to be bound by these Terms, ourPrivacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the “Terms”).

Legal Terms

Definitions

In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns”. We refer to those contributing funds as “Supporters” and to the funds they contribute as “Donations”. Campaign Owners, Contributors and other visitors to the Service are referred to collectively as “Users.”  We often refer to the Purpose United Project as “PUP”

Purpose United Project is a Venue

PUP is an online crowd funding venue for non-profit organizations seeking to raise funds to help enhance their mission and fill budget gaps in certain projects. Campaign Owners can offer gifts in the form of tangible items or intangible services (collectively, “Perks”) to Contributors. Perks are not offered for sale. PUP makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Donation or the truth or accuracy of content posted on the website. PUP does not represent that Campaign Owners will deliver Perks or that Donations will be used as described in the Campaign. Users use the Service at their own risk.  PUP Owned and operated by iConnected Global, Inc.

Eligibility to Use the Service

You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.

Prohibited Campaigns

Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. You must comply with all applicable laws and regulations in carrying out your Campaign, offering Perks and using Donations.

Prohibited Perks

Campaign Owners are not permitted to offer or provide any of the following as a Perk:

  • any form of ownership interest in a company or venture;
  • alcohol or any other controlled substance;
  • drug paraphernalia;
  • weapons, ammunition, and related accessories;
  • items promoting hate, personal injury, death, damage, or destruction to property; or
  • any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person’s rights if you were to distribute it.

Community Guidelines

PUP is not a place for hatred, abuse, disrespect, meanness, harassment, or spam. Do not:

  • use the Service to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  • post images or videos that are sexually explicit or show people or animals being hurt or degraded; or
  • spam our comments sections other Users with offers of goods and services or inappropriate messages.

We reserve the right to remove Campaigns and terminate accounts for such activities.

Disputes between Campaign Owners and Contributors

PUP is not responsible for resolving disputes between Campaign Owners and Contributors. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms of Use or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.

Your Account Information

All of your registration information must be accurate and truthful. You agree to notify PUP immediately if you discover that your account has been used without your authorization or there has been any other breach of your account’s security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.

Our License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.

Campaign Owners

As a Campaign Owner, you are permitted to offer Perks to Contributors. You shall meet all commitments you make in your Campaign including, but not limited to, delivering all Perks you offered with your Campaign. You will respond promptly and truthfully to all questions posed to you by PUP. If you are unable to fulfill any of your commitments (including delivering any Perks), you will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Donations. You will comply with all applicable laws and regulations in your use of Donations and delivery of Perks. You are responsible for collecting and remitting any taxes on Donations, and any taxes due in connection with your Perks. PUP may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Donations or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.

Contributors

As a Contributor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Donation. All Donations are made voluntarily and at your sole discretion and risk. PUP doesn’t guarantee that Donations will be used as promised by the non-profit organization, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. PUP does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Donation, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Donation and receipt of any Perks for tax purposes. In the event you are issued a refund on your Donation because of our inability to disburse funds to a Campaign Owner, you will no longer be entitled to delivery of any Perk associated with your Donation.

Fees and Payments

Setting up an account on the Service is free. We do not charge fees to Contributors, but we do charge fees to Campaign Owners as a portion of the funds they raise. By using the Service you agree to our fees listed here http://purposeunitedproject.org/pricing. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Donations are usually made via credit card or PayPal. We are not responsible for the performance of Paypal or any 3rd party credit card processing services.

Refunds

Donations, along with our fees and charges, are not refundable.

Your Content

While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “Member Content”). You grant PUP and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your Member Content on or in connection with the Service and our related marketing and promotional activities. As between you and PUP, you continue to hold all ownership interest in your Member Content. You represent and warrant that your Member Content and our use of your Member Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

Third-Party Websites, Advertisers or Services

The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by PUP. Access to or use of third-party sites or services are at your own risk. We are not responsible for any loss or damage of any sort relating to your dealings with these parties. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

PayPal

If you are a Campaigner that accepts PayPal or a Contributor that uses PayPal, you agree to comply with the PayPal Acceptable Use Policy.

Indemnity

You agree to defend, indemnify and hold harmless PUP, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your negligence, breach of these Terms or violation of any law. PUP may assume the exclusive defense and control of any matter for which you have agreed to indemnify PUP and you agree to assist and cooperate with PUP in the defense or settlement of any such matters.

No Warranty

PUP has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.

Limitation of Liability

PUP (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO PUP FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PUP without restriction.

Termination

Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. The provisions regarding use of website and Services at your own risk, Right to Refuse Service, DMCA, Indemnity, No Warranty, Waiver and Release, Limitation of Liability and General survive termination for any reason.

Governing Law

You agree that: (i) the Service shall be deemed solely based in New York (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over PUP, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and PUP that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the City and County of Rochester, New York. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

English Language

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

Export Compliance

You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.

Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

Notification Procedures

You agree PUP may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.

Entire Agreement/Severability

These Terms are the entire agreement between you and PUP regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. PUP’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Changes to Terms

PUP may alter these Terms at any time, so please review the policies frequently. If a material change is made, PUP may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at PUP’s sole discretion, in good faith, and using common sense and reasonable judgment.

Contact Us

If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at legal@purposeunited.com or at 125 Tech Park Drive Rochester, New York 14623 Attention: Legal Department.

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