These Terms apply whether you are (a) an entity that uses the services to promote a cause and / or raise funds or solicit donations from individual users on the Site and Services (“Organization”) or (b) an individual. An Individual User who uses the Services to support a cause promoted by an Organization or to make a donation to an Organization is a “Supporter” of that Organization. An Individual User may be a Supporter of more than one Organization. An Organization may offer a Supporter the opportunity to help promote its cause or solicit donations for the Organization by having the Supporter become a ‘Mobilizer’ on behalf of the Organization. An Individual User may be a Mobilizer on behalf of more than one Organization.
If you create a account on behalf of an Organization, you represent and warrant that you: (a) are the authorized representative of the Organization with the authority (i) to raise funds and/or solicit donations for the Organization (if the Organization will use the Site and Services to solicit donations) and (ii) to bind the Organization to the terms of this Agreement.
An Organization that raises funds and / or solicits donations via the Services is a “Recipient Organization.” Each Recipient Organization represents and warrants that it will use all donated funds solely for the purpose stated on the Site. A Recipient Organization that is a 501(c)(3) non-profit organization is a “Charity.” Each Recipient Organization warrants that it will not represent itself as a non-profit organization or as a Charity unless it (a) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code, (b) has public charity status under Section 509(a)(1) or (2), (c) is not classified by the Internal Revenue Service as a Type III supporting organization under IRC Section 509(a)(3), and (d) will utilize all donations received via the Services in accordance with such tax-exempt status.
All donations made by Individual Users are made at that Individual Users’ own risk. Mobilize Digital does not warrant that donated funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Recipient Organization receiving the donation. Mobilize Digital does not warrant that Recipient Organizations that represent themselves as Charities on the Services actually have and maintain tax-exempt status and are in compliance with these Terms.
Ownership of the Services. Mobilize Digital is and shall be the sole and exclusive owner of the Site and Services, existing or future applications, APIs, all materials and technologies with respect to the Services, all new versions, improvements, enhancements, additions, and modifications to the Services, all copyright, patent, trade secret, and other intellectual property rights related to the Services and such materials, and all tangible media on which the Services and such materials are maintained.
User Generated Content. When you are using the Services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (collectively “User Generated Content”). You alone, not Mobilize Digital, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to Mobilize Digital, you hereby grant Mobilize Digital a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (and waive all moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Mobilize Digital is not a content-archiving service. We do not promise to store or make available on our platforms any User Generated Content that you or other users may post for any length of time. You are solely responsible for keeping backups of everything you post on our Service.
Use of Site and Use Restrictions To the full extent permitted by law, Services are provided “as is” with all faults. Your use of the Services is at your own risk. The Services may contain errors or omission, or may be out of date. The Services may, without prior notice, change, be deleted, modified or updated at any time in Mobilize Digital’s sole discretion. As a condition of your use of the Services, you represent and warrant that when you access or use the Services you will not:
- conduct penetration tests of any Services-related system or network
- use extreme bandwidth capacity in a way that threatens our infrastructure
- infringe or violate the intellectual property rights, privacy rights or any other rights of anyone else (including Mobilize Digital)
- jeopardize the security of your account or anyone else’s (such as allowing someone else to log on as you on the Services)
- attempt, in any manner, to obtain the password, account, or other security information from any other user
- decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Mobilize Digital Services.
- Use the Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, distribute, or disseminate any materials or User Generated Content that (a) violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, (b) are profane, defamatory, obscene, indecent, or unlawful; or (c) that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion or national origin.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Violate any applicable laws or regulations.
- Use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- access or search or attempt to access or search our Services by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). Crawling the Mobilize Digital site is permissible if done in accordance with the provisions of the robots.txt file; however, scraping the services, platforms, and databases is expressly prohibited unless authorized in a written agreement between you and Mobilize Digital.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Fees. Mobilize Digital is able to provide the Services, and to further develop and enhance the Services, because it receives fees.
Organizations agree to pay either a subscription fee on either a month to month basis, as set forth in Mobile Digital’s Pricing Schedule. The Pricing Schedule is subject to change, from time to time, in Mobilize Digital’s sole discretion.
Credit card payment processing services are provided by Stripe. In the process of creating a Mobilize Digital account, an Organization will input information that will allow Mobilize to create a Managed Stripe account for the Organization. If you are an Organization, you request and authorize Mobilize Digital to do so. Whether you are an Organization or an Individual User, at the time your transaction is processed you must accept Stripe’s Connected Account Agreement and the Stripe Terms of Service.
There is no fee to maintain an account as an Individual User. However, except when another User agrees to cover the transaction fees that would otherwise be collected, Mobilize Digital will collect a transaction fee from every donation made by an Individual User via the Services. You agree that Mobilize Digital may collect that transaction fee, in accordance with its then current Pricing Schedule. In addition, and in accordance with its agreements, Stripe shall also collect a transaction fee from every donation made by an Individual User via the Services.
You agree that all donation transactions are final and non-refundable.
Term and Termination. If you are an Organization, you have entered into either a month-to-month for Services, in which case your subscription will continue on a month to month or annual basis, as the case may be, so long as it is paid, unless otherwise terminated by Mobilize Digital in its sole discretion, as discussed below, or terminated earlier by the Organization by deleting its account. Mobilize Digital does not refund subscription fees in the event of early termination.
If you are an Individual, you may terminate your receipt of Services at any time by deleting your account.
Regardless as to whether you are an Organization or an Individual, Mobilize Digital has the right in Mobilize Digital’s sole discretion to immediately terminate this Agreement or your account and/or to suspend or terminate Services at any time, with or without reason (“Termination”). You agree that any Termination shall be made in Mobilize Digital’s sole discretion and that Mobilize Digital shall not be liable to you or any third party for any Termination. All of the following will survive Termination: any obligation you have to pay or indemnify Mobilize Digital, any limitations on Mobilize Digital’s liability, any warranty disclaimers, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us. Any donations made prior to the effective date of Termination will continue to be processed.
No Warranties MOBILIZE DIGITAL HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONCERNING THE CAPABILITIES OF THE SERVICE OR THE RESLTS OF EFFICACY OF ANY SERVICE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. MOBILIZE DIGITAL, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. MOBILIZE DIGITAL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
Limitation of Liability: To the fullest extent permitted under law, Mobilize Digital and its affiliates, suppliers, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the platforms , service, or any content provided by or through the platforms or service, even if we have been advised of the possibility of such damages in advance. Notwithstanding anything to the contrary contained herein, Mobilize Digital’s liability and the liability of each of its affiliates, suppliers, partners, and agents to you or any third parties under any circumstance is limited to the amount you have paid us in the past three (3) months. You may not bring any action, regardless of form, in connection with this Agreement more than one year after accrual of such action.
RELEASE. YOU HEREBY AGREE TO RELEASE MOBILIZE DIGITAL, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Digital Millennium Copyright Act; Copyright Complaints. Mobilize Digital may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others. Mobilize Digital also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others’ copyrights, Mobilize Digital may in its sole discretion terminate those individuals’ rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify Mobilize Digital’s copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.