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Please read the following Terms of Use Agreement carefully so that you are aware of your legal rights and obligations with respect to FundingPix and its parent company and affiliates.
This agreement is a legal document that sets forth your rights and obligations as a FundingPix user. This agreement applies to the FundingPix web site located at www.fundingpix.com, and all associated sites and sub-domains linked to www.fundingpix.com by FundingPix, which is the property of FundingPix which is owned and controlled by Funding Labs LLC, a Minnesota Company (“FundingPix”).
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU - NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY FUNDINGPIX.
FundingPix reserves the right, at its sole discretion, to change, modify, add or remove portions of this agreement, at any time. It is your responsibility to check the agreement periodically for changes. Your continued use of the site(s) following the posting of changes will mean that you accept and agree to the changes. As long as you comply with the agreement, FundingPix grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site(s).
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING FUNDINGPIX. YOUR CONTINUED USE OF FUNDINGPIX NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.
To post any public information to the donor information form you must be at least 13 years old (or such older minimum age as may be required by applicable local law). If you are under the required age, you may still use the site (subject to applicable local law), but only if the donor information form you are using was created by your parent or legal guardian with their written or documented approval of your use.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
FundingPix reserves the right to suspend or discontinue any portion of the site(s) at any time. We may also impose limits on certain features or restrict your access to parts or the entire site(s) without notice or liability.
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The following definitions shall apply to this agreement:
“Content” means any data, text, information, screen names, graphics, profiles, pitch, audio and video clips, links, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and/or artwork.
“Event” refers to a specific, organized and concentrated effort to promote, market, and encourage sponsorship, contributions, donations and/or funding for a particular charity, cause or other specific fundraising goal such as a school choir fundraising event to fund a group choir trip.
“Event Administrator” is the authorized agent of the person(s) or entity conducting an Event. The person(s) or entity conducting an Event, including the Event Administrator, is subject to terms and conditions of a service agreement with FundingPix. An Event Administrator must be at least 18 years old (or such older minimum age as may be required by applicable local law.
“Event Interface” refers to a web window contained within a web page, including any and all forums, media, blogs, email functions therein, on an Event Page within the Site and/or on a third party site owned or controlled by the person(s) or entity conducting an Event, which Event Interface is provided or hosted by FundingPix to a person(s) or entity in consideration for a hosting fee or other valuable consideration in order to be a medium or facilitator for an Event.
“Event Page” refers to an individual web page, including any and all forums, media, blogs, email functions contained therein, within the Site provided or hosted by FundingPix to a person(s) or entity in consideration for a hosting fee or other valuable consideration in order to be a medium or facilitator for an Event.
“FundingPix Property” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and software posted or provided by FundingPix on the Site including, without limitation, all revisions, modifications, and enhancements to the Site or functioning of the Site by FundingPix.
“Linked Sites” refers to links to independent third-party web sites from the Site including, but not limited to, links available on an Event Page, Event Interface, advertising links, etc.
“Privacy Policy” refers to the FundingPix privacy policy posted on the Site, as may be amended from time to time.
“Site” shall refer to the FundingPix web site located at www.fundingpix.com, and all associated sites and sub-domains linked to www.fundingpix.com by FundingPix.
“Terms of Service” refers to the agreement posted on the Site, as may be amended from time to time, which details the primary service relationship, terms, conditions, obligations and liabilities between FundingPix, the Event Administrator, and the person(s) or entity conducting an Event.
“User” any person or entity that accesses the Site.
“User Information” means your personal information such as, but not limited to, your name, address, telephone number, and email address, which you will generally provide to FundingPix upon your registration to set up an Event. Your user account grants you access to password protected areas of the Site.
“Donor Information” means your personal information that you select to share with the public or hold private such as but not limited to, your name, address, email address, web address, an image or a comment. The donor information that is selected by the donor as public is viewable by the public.
This Site provides you with access to an online collection of information, materials, software tools, templates and services related to FundingPix and its work. All FundingPix Property, including, but not limited to, the design, structure, coordination, expression, “look and feel” and arrangement of such FundingPix Property, contained on the Site or within an Event Interface is owned, controlled or licensed by or to FundingPix and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The FundingPix trademark and trade dress may not be used in connection with any product or service that is not FundingPix’s, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FundingPix. All other trademarks not owned by FundingPix or any of its related companies that appear on this Site or within an Event Interface are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FundingPix.
No part of the Site and no FundingPix Property may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the explicit and prior written consent of FundingPix.
You may use information on FundingPix products and services purposely made available by FundingPix for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
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You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express prior written permission.
Additionally, you agree that you will not:
(1) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(2) copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (except for User Information) from the Site without the prior expressed written permission of FundingPix and the appropriate third party, as applicable; or
(3) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
FundingPix reserves the right to bar any such activity by any manner deemed appropriate and necessary by FundingPix in its sole determination.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any FundingPix server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of FundingPix, including any FundingPix account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FundingPix on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any FundingPix Property for any purpose that is unlawful or prohibited by this agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of FundingPix or others.
You may not post or upload Content that acts or has the appearance to act to:
1.defame, abuse, stalk, threaten, inflict harm, discredit, harass or embarrass another person or entity;
2.be violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person’s view) objectionable;
3.if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including, but not limited to, any of the following: full name or last name, home address, zip code, telephone number, picture, athletic team or friends; or
4.contain viruses or any other programs designed to impair the functionality of any computer.
Please remember that these are only guidelines; there are always “gray areas.” Ask yourself if your communication or posting is something that you would say or present in a room full of people you never met, or in the workplace. However, FundingPix reserves the right to make the final determination about whether Content is acceptable.
FUNDINGPIX RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, BUT DOES NOT HAVE THE OBLIGATION, TO MONITOR ALL SITE FEATURES AND CONTENT.
You agree to exercise respect when participating in any Events such as posting Content to an Event Page, Event Interface or any other feature of the Site or Events.
You understand that we are not obligated to conduct due diligence on, monitor, verify or censor the Content of the Event Pages or any Event Interface and cannot be held responsible for the Content.
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1. Goods and Services.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, prizes, incentives, or other similar features, all of which terms are made a part of this agreement by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this agreement and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
FundingPix’s obligations, if any, with regard to its goods and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
FundingPix may make changes to any goods or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
2. Accounts and Password Security.
Certain features through the Site may require you to open an account (including setting up a FundingPix User ID and password). You shall provide FundingPix with accurate, complete, and updated information. Failure to do so shall constitute a breach of this agreement, which may result in immediate termination of your account. You may not select or use a name, ID, or password: (1) of another person with the intent to impersonate that person; (2) subject to the rights of any other person without authorization; or (3) that FundingPix, in its sole discretion, deems inappropriate or offensive.
You are entirely responsible for maintaining the confidentiality of your User Information, including your password, and for any and all activity that occurs under your account. You agree to notify FundingPix immediately of any known or suspected unauthorized use(s) of your account or password, or any other breach of security including loss, theft, or unauthorized disclosure of your password. However, you may be held liable for losses incurred by FundingPix or any other user of or visitor to the Site due to someone else using your FundingPix ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. FundingPix cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at FundingPix’s sole discretion, and you may be reported to appropriate law enforcement agencies.
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FundingPix is committed to protecting the security of our users. Please keep in mind, however, that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit using our web site and you transmit such information at your own risk. FundingPix further does not assume responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems.
We are committed to protecting the privacy of any personal information you may provide to us when you use the Site. Please see our Privacy Policy for details. You acknowledge and agree that you have reviewed FundingPix’s Privacy Policy, understand and accept all the terms, rights and obligations stated herein including your obligation to watch for and review updates and amendments.
This Site is controlled and operated by FundingPix. FundingPix makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with federal laws and local laws, if and to the extent local laws are applicable.
You agree to indemnify, defend and hold FundingPix, its officers, directors, shareholders, partners, predecessors, successors in interest, employees, agents, parent company, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against FundingPix by any third party due to or arising out of or in connection with your use of the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
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Links to Other Sites and to the FundingPix Site
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This Site may contain Linked Sites. These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under FundingPix’s control, and FundingPix is not responsible for and does not endorse the content of such Linked Sites, including any information, products, services, policies, activities or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
We welcome appropriate hyper links to this Site. By publishing a hyper link to this Site on your web site, you warrant that the content of your web site is appropriate and consistent with the stated purposes of this Site and FundingPix.
Use of code, materials and FundingPix marks provided by FundingPix for a hyper link to the Site is permitted and licensed by FundingPix solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such code, materials or marks. We reserve the right, however, to rescind any permission granted by us and to require termination of any such link to FundingPix at our discretion at any time. Upon request by FundingPix, you shall immediately remove any hyper link to the Site, and discontinue use of any code, materials or marks provided by FundingPix.
FundingPix does NOT warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components, or that your use of the site will provide specific results. The Site and its Content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. FundingPix cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. FundingPix disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. FundingPix disclaims any third parties in connection with or related to your use of the Site and/or any FundingPix services. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against FundingPix for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
FundingPix reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will FundingPix be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if FundingPix has been advised of the possibility of such damages.
We are not involved in the actual transaction between an Event and their contributors, donors, sponsors, registrants or patrons. We do not guarantee the quality, safety or legality of events, the truth or accuracy of the Events, or the ability of an Event Administrator to conduct Events. We do not guarantee the success of an Event.
If, notwithstanding the other provisions of this agreement, FundingPix is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, FundingPix’s liability shall in no event exceed the greater of (1) the total of any subscription amount or hosting fee or similar fees or consideration with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against FundingPix; or (2) US $10.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
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Violations of These Terms of Use
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FundingPix may disclose any information we have about you (including, but not limited to, User Information) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FundingPix’s rights or property, or the rights or property of visitors to or users of the Site, including FundingPix’s customers and the FundingPix community. FundingPix reserves the right at all times to disclose any information that FundingPix deems necessary to comply with any applicable law, regulation, legal process or governmental request. FundingPix also may disclose your information when FundingPix determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. See the FundingPix Privacy Policy for other rights relating to information use.
You agree that FundingPix may, in its sole discretion and without prior notice, terminate your access to the Site, Event Interface and/or block your future access to the Site if we determine that you have violated this Terms of Use, Terms of Service, or other agreements or guidelines which may be associated with your use of the Site or for any other reason whatsoever in our sole discretion with or with out cause. You also agree that any violation by you of this agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to FundingPix, for which monetary damages would be inadequate, and you consent to FundingPix obtaining any injunctive or equitable relief that FundingPix deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FundingPix may have at law or in equity.
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Governing Law and Dispute Resolution
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You agree that all matters relating to your access to or use of the Site or Event Interface or other FundingPix’s products or services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hennepin or Carver County, Minnesota, and waive any objection to such jurisdiction or venue. Any claim under this agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party may be entitled to costs and reasonable attorneys’ fees. In the event of any controversy or dispute between FundingPix and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to a formally administered arbitration proceeding. If the dispute cannot first be resolved through arbitration, then the parties shall be free to pursue any right or remedy available to them under applicable law.
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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Notification of Copyright Infringement
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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
FundingPix respects the intellectual property of others, and we ask our users to do the same. FundingPix will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, and such infringement is occurring on this Site or on sites linked to from this Site, please notify FundingPix.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the site;
(4) your address, telephone number, and email address;
(5) 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
(6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
For Notice of claims of copyright infringement, FundingPix can be reached:
(1) by mail at FundingPix P.O. Box 146, Cologne, MN 55322;
(2) by phone at (952) 361-3561;
(3) by fax at (952) 361-9322; or
(4) by email: support@FundingPix.com.
We welcome your feedback and we hope you let us know how to best satisfy your needs. ContactUs.
Feedback you provide at this site shall be deemed to be non-confidential. FundingPix shall be free to use such information on an unrestricted basis.
Certain parts of the Site may ask you to submit problem or error reports. The submissions shall be deemed FundingPix Property. FundingPix shall exclusively own all now known or hereafter existing rights to the submissions throughout the universe in perpetuity and shall be entitled to use the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. In any event, any submissions you send to FundingPix will not be treated as confidential and FundingPix shall not be liable for any disclosure of the submissions.
If you have any questions or concerns about this agreement or any issues raised in this agreement or on the Site, please contact us in writing at FundingPix, P.O. Box 146, Cologne, MN 55322 or by telephone at (952) 361-3561 or by email at support@fundingpix.com.
We are always glad to hear your questions and comments.
Donations to certain not-for-profit entities are tax deductible to the fullest extent allowed by law. If a qualifying nonprofit entity conducts an Event and they have included their nonprofit status and 501 (c) 3 id number, there will be reference to their nonprofit status and id number included in your receipt. You are encouraged to discuss the deductibility of your donation with your tax advisor.
The information contained in this web site is subject to change without notice.
Copyright © 2005 - 2007 FundingPix and Funding Labs LLC. All rights reserved.
Version 1: Effective January 1st, 2006
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