(1) ACCEPTANCE OF TERMS
Welcome to Celebration of Hope, Inc. Celebration of Hope Inc., requires that all donors, fundraisers, non-profit organizations and all other visitors (collectively known as “users”) to its site (“the Site”) agree to the terms and conditions set forth in this User Agreement. You should review carefully the following terms and conditions. BY USING THE SITE, YOU INDICATE YOUR ACKNOWLEDGEMENT AND AGREEMENT TO THE THIS USER AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE. As used in this Agreement, “we,” “our” and “us” means Celebration of Hope, Inc. unless otherwise indicated.
(2) WHO WE ARE
Celebration of Hope, Inc. is a non-profit social enterprise headquartered in Appleton, WI
(3) WHAT WE DO
Celebration of Hope, Inc. provides financial assistance and online fundraising opportunities to any individual in need, to individuals and non-profit organizations that wish to raise money for causes and projects they care about. There are two ways that Celebration of Hope, Inc. website can be used.
Donors may make a tax-deductible charitable contribution to our general fund. COH will use donated funds to provide financial assistance to individuals in need in the community. Funds will be disbursed as determined by its Board of Directors from time to time. COH maintains full control and discretion as to the use of donated funds to ensure that they are used to carry out our charitable purpose.
If you donate to an online Fundraiser, you are making a non-deductible gift to the beneficiary. COH provides a means for individuals to create online fundraisers for the benefit of someone in need. COH acts only as an intermediary to facilitate a gift between a donor and recipient. An email confirmation of your gift will be provided. Please consult with your tax advisor as to the treatment of your gift.
(4) MODIFICATIONS TO THE USER AGREEMENT
Among other service providers, Celebration of Hope, Inc. partners with or uses Authorize.net. You agree, as applicable, to the Terms and Conditions of these service providers as may be amended by them from time to time. These additional Terms and Conditions are incorporated herein and are accessible through the following links: http://www.authorize.net/company/terms/.
(5) AVAILABILITY OF THE SITE
The Site may change or contain media, features or services available within the site may be discontinued at any time, and without notice. The media or services on the Site may be out of date, and Celebration of Hope makes no commitment to update these materials on the site.
(6) ELIGIBILITY TO USE THE SITE
By using the site, you represent and warrant that (1) all information you submit is truthful, current, complete and accurate; (2) your use of the site does not violate any applicable law or regulation; and (3) you are at least 18 years of age, or are acting under the supervision of a legal guardian who has consented to your use of the Site. Celebration of Hope, Inc. may, at its sole and absolute discretion and at any time, terminate your privilege to use this Site for any other reason.
(7) FUNDRAISING SERVICES PROVIDED BY CELEBRATION OF HOPE, INC.
All funds received by Celebration of Hope, Inc. for a specific fundraiser will be disbursed on a monthly basis, unless alternate arrangements are approved by Celebration of Hope, Inc., in its sole discretion. Celebration of Hope, Inc., will disburse funds on the 10th day of each month, for funds received in the prior calendar month.
Following the end of the fundraiser and the subsequent processing period described above, Celebration of Hope, Inc. will distribute the proceeds (net of any mandatory payments) to the beneficiary on the 10th day of the next month.
Celebration of Hope, Inc. reserves the right to change the amount of, or basis for determining, any payments, and to institute new payments, effective upon prior notice to you. In addition, from time to time the provided services may change, without prior notice.
(8) CELEBRATION OF HOPE, INC. FUNDRAISER ACCOUNTS
Celebration of Hope, Inc. requires all users who wish to raise funds for a project (“fundraisers”) to sign up for an account by completing all required fields on the respective registration web pages on the Site. As part of the registration process, you agree to provide: (a) information about yourself that is truthful, current, complete and accurate; and (b) update this information so as to maintain its accuracy.
Each fundraiser receives a personal fundraising profile page where he or she can post stories and photos about their fundraiser as well as receive credit card donations from friends and family. Additionally, through our advanced search tools, all visitors to the Site can search through projects and choose to donate to the ones that best match their philanthropic interests.
Celebration of Hope, Inc. reserves the right to terminate accounts created by users who misappropriate the name, e-mail address, or other personally identifiable information of another individual. Celebration of Hope, Inc., also reserves the right to refuse to approve a user account or terminate an existing user account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time. Celebration of Hope, Inc. is not liable for any losses or damages incurred by you as a result of the termination of your account or refusal of the service.
Celebration of Hope, Inc. and third parties acting on Celebration of Hope, Inc.’s behalf may send you e-mail notifications from time to time in order to inform you about important information regarding your use of the Site and Celebration of Hope, Inc. Service.
You are solely responsible for maintaining the confidentiality of your password, username and all uses of your fundraiser account regardless of whether you have authorized such uses. You shall not share your account with anyone else. You agree to notify Celebration of Hope, Inc. immediately of any unauthorized use of your account.
(9) ADDITIONAL PROVISIONS SPECIFIC TO FUNDRAISER ACCOUNTS
Any individual, entity or organization that registers for a fundraiser account is subject to the following additional terms of this User Agreement that apply specifically to fundraisers. By clicking the “Start A Fundraiser” or “Create a Fundraiser” button, you indicate that you understand and agree to the following additional terms in the section below.
(10) FUNDRAISER REPRESENTATIONS
By registering to conduct an online fundraiser through Celebration of Hope, Inc.’s website, you warrant and represent that:
(a) You are a U.S. Citizen, 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision; (b) All information you provide to Celebration of Hope, Inc. is truthful, current, complete and accurate and you will update the information to maintain its accuracy; (c) You are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; (d) You will use all gifted funds solely for the purpose you have stated on the Site, and under no circumstances may you use the funds for any other purpose; (e) You will make all reasonable efforts to send a thank you note to those who made a gift to your project.
Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the service. Fundraisers also authorize Celebration of Hope, Inc. to conduct background inquiries, as Celebration of Hope, Inc. may deem appropriate to assess a fundraiser’s use or continued use of the Service, but shall not be under an obligation to do so.
(11) ADDITIONAL DONOR PROVISIONS
Any individual, entity or organization that registers for a donor account is subject to the following additional terms of this User Agreement that apply specifically to donors. By clicking the “Donate “ or “Online Donations” button, you indicate that you understand and agree to the following additional terms in the section below that apply specially to donors.
By registering for a donor account, you represent and warrant that:
(a) You are a U.S. Citizen, 18 years of age or older, or if you are under 18, you acting under parental supervision; (b) All information you provide to Celebration of Hope, Inc. is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and (c) Any donation you make is legal in your jurisdiction. Celebration of Hope, Inc. will not be held liable for any loss or damages due to non-compliance with the foregoing. By using the Celebration of Hope, Inc. service you understand and agree that your use of the Site and use or reliance upon any of the materials through the site is solely at your own risk. While we take reasonable efforts to review fundraising events for compliance with the Celebration of Hope, Inc. eligibility requirements, Celebration of Hope, Inc. does not verify, endorse or control any of the information on the Site (outside of official documentation).
Note regarding deductibility of your Donation
Donors may make a tax-deductible charitable contribution to our general fund. COH will use donated funds to provide financial assistance to individuals in need in the community. Funds will be disbursed as determined by the COH Board of Directors. COH maintains full control and discretion as to the use of donated funds to ensure that they are used to carry out our charitable purpose.
If you donate to an online Fundraisers, you are making a non-deductible gift to the beneficiary. COH provides a means for individuals to create online fundraisers for the benefit of someone in need. COH acts only as an intermediary to facilitate a gift between a donor and recipient. An email confirmation of your gift will be provided. Please consult with your tax advisor as to the treatment of your gift.
(12) USER CONDUCT
THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the Site.
In connection with User Submissions, you affirm, represent, and/or warrant that:
- (i) You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Celebration of Hope, Inc. to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Celebration of Hope, Inc. and these Terms, and
- (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Celebration of Hope, Inc. and these Terms.
In connection with User Submissions, you further agree that you will NOT:
- (i) Submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Celebration of Hope, Inc. all of the license rights granted herein;
- (ii) Publish falsehoods or misrepresentations that could damage Celebration of Hope, Inc. or any third party;
- (iii) Submit material that is unlawful, false, inaccurate, misleading, defamatory, libelous, threatening, pornographic, harassing, hateful, racially/ethnically or religiously offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- (iv) Distribute or post spam, chain letters, advertisements, promotional materials, pyramid schemes or solicitations of business;
- (v) Harvest or otherwise collect information about users, including email addresses, without their consent; or
- (vi) Impersonate another person or entity.
You understand that when using the Site you will be exposed to User Submissions from a variety of sources, and that Celebration of Hope, Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Celebration of Hope, Inc. with respect thereto, and agree to indemnify and hold Celebration of Hope, Inc., its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
(13) PROHIBITED USES
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
- (i) Access to the Celebration of Hope, Inc. Materials and the Site from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.
- (ii) Your use of any of the Celebration of Hope, Inc. Materials other than for approved in accordance with our guidelines is strictly prohibited.
- (iii) You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site.
- (iv) You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
- (v) You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site.
- (vi) You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- (vii) You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
- (viii) The Site may contain robot exclusion headers. 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 written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Ask Drew for clarity as to what this means.
- (ix) You may not utilize framing techniques to enclose any trademark, logo, or other Celebration of Hope, Inc. materials without our express written consent.
- (x) You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or Celebration of Hope, Inc.’s name or trademarks without our express written consent.
- (xi) You may not deep-link to the Site and will promptly remove any links that Celebration of Hope, Inc. finds objectionable in its sole discretion.
- (xii) You may not use any logos, graphics, or trademarks of Celebration of Hope, Inc. or those related to the Site as part of the link without our express written consent.
- (xiii) You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(14) FUNDRAISING TRANSACTIONS BETWEEN PARTIES
Celebration of Hope, Inc. serves as an intermediary between donors and beneficiaries. After a project has been completed by reaching a predetermined funding goal or deadline, Celebration of Hope, Inc. remits all donated funds (less any service fee) to the project’s beneficiary in the form of a check. If a fundraising event is found to be in violation of the terms of this User Agreement, Celebration of Hope, Inc. reserves the right to terminate the fundraiser and user account and return funds to donors.
If a donation is recurring, the first donation will be charged at 2a.m, and for all subsequent donations, at 4 p.m. of the day specified. Recurring donations can be cancelled at any time before the first of the month by email request to [email protected] If a card is declined the donation will be automatically cancelled. Donations made on our website are nonrefundable.
Celebration of Hope, Inc. does not make any warranties or representations whatsoever regarding the online fundraisers, including but not limited to: (i) the accuracy of information contained in Users’ profiles or fundraising pages; (ii) that a person, user, or beneficiary is a real person; (iii) that the information listed in a fundraising page is true; or (iv) that a User who receives gifts for a fundraiser will use the funds in a manner specified in their fundraiser. Use of the site is entirely at your own risk. If you have any reservations regarding the legitimacy of a particular fundraiser or fundraising event, DO NOT DONATE.
After Celebration of Hope, Inc., transfers funds to beneficiaries, all further dealings are solely between you and such organizations and individuals. By using this site you understand and agree that Celebration of Hope, Inc. shall not be responsible for any losses or damages incurred as a result of the fundraising event. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, and third parties), you agree to release Celebration of Hope, Inc., its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers or anyone else who has participated in the creation development or delivery of this Site (collectively “Celebration of Hope, Inc. and its Affiliates”) from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service. Although Celebration of Hope, Inc. shall not be held liable for the actions of a fundraiser, Celebration of Hope, Inc. reserves the right to terminate a fundraising event at any time and for any reason. Celebration of Hope, Inc. also reserves the right to remove a fundraising event and/or User from the Site at any time and for any reason.
(16) YOUR PROPRIETARY MATERIAL
You own all your trademarked materials provided by you in connection with your use of the Celebration of Hope, Inc. Service. By using the Site, you grant to Celebration of Hope, Inc. a nonexclusive, royalty-free transferable, fully paid-up worldwide license to use copy, display, transmit, publish and distribute your trademarked materials for the sole purpose of providing the services described in this User Agreement. You also grant Celebration of Hope, Inc. the right to include your name and logo in press releases as well as other announcements on the Site. Celebration of Hope, Inc. obtains no other right, title or interest in your trademarked materials except as set forth herein.
(17) OUR PROPRIETARY MATERIAL
Celebration of Hope, Inc. and its licensors shall retain all intellectual property rights in the software, data, design, tools and any other material or content developed or provided by Celebration of Hope, Inc. pursuant to this User Agreement including but not limited to the Celebration of Hope, Inc. Service, and all data, pictures, videos, text, sound, graphics, logos, marks, symbols, digital materials and any and all other content provided by Celebration of Hope, Inc.
Celebration of Hope, Inc., CelebrationofHopeInc.org, the Celebration of Hope, Inc. logo and any other product and service names that we may present on the Site are trademarks or registered trademarks of Celebration of Hope, Inc. Other trademarks, service marks or logos that appear on the Site may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any Celebration of Hope, Inc. or third-party trademarks without first receiving the express permission of both Celebration of Hope, Inc. and the Trademark owner.
Celebration of Hope, Inc., the non-profit organizations registered with Celebration of Hope, Inc. and third-party providers collectively own all material and content of this Site. All such content is protected under intellectual property and proprietary rights laws. You may use the Site and its content and materials only for the purposes stated in this User Agreement. You may copy such content for your own personal, non-commercial use only, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Site’s content including but not limited to text, graphics, logos, sound, images, photographs, video, or software is permissible without the express written consent of Celebration of Hope, Inc. and where applicable, the copyright holder.
(20) DISCLAIMER OF WARRANTIES
Celebration of Hope, Inc. makes no warranties regarding the safety of the Site and the accuracy of the content on the Site. Celebration of Hope, Inc. retains the right to restrict the use of the Site for any reason and at any time.
Each party represents and warrants that it shall perform its obligations so as to comply with applicable federal, state and local laws, ordinances and regulations. Additionally, you warrant that you own or otherwise have sufficient rights to grant the license granted to your proprietary material in compliance with all applicable laws and regulations including but not limited to any U.S. patent, copyright, trademark, or trade secret law or regulation. You further warrant that the use of your proprietary material will not infringe upon any intellectual property, or any other rights of any third party.
Except as otherwise expressly provided, all content, information, services and tools on this Site are provided on an “As Is”, “As Available” basis. Use of this Service is solely at your own risk. CELEBRATION OF HOPE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CELEBRATION OF HOPE, INC. MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. To the extent permissible by law, Celebration of Hope, Inc. expressly disclaims any and all other warranties. Celebration of Hope, Inc. shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any user on any applicable federal or state tax return.
(21) LIMITATION OF LIABILITY
YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT APPLICABLE BY LAW, IN NO EVENT WILL CELEBRATION OF HOPE, INC. AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY CELEBRATION OF HOPE, INC. OR AN AUTHORIZED CELEBRATION OF HOPE, INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE CELEBRATION OF HOPE, INC. AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESULTING FROM YOUR USE OF THIS SITE.
IN NO EVENT WILL CELEBRATION OF HOPE, INC.’S LIABILITY TO YOU FOR ANY AND ALL OF YOUR CLAIMS AGAINST CELEBRATION OF HOPE, INC. AND ITS AFFILIATES ARISING OUT OF OR RELATED TO USE OF THIS SITE OR ITS CONTENTS THEREOF OR ANY HYPERLINKED WEB SITE EXCEED THE ACTUAL AMOUNTS RECEIVED FROM YOU, IF YOU ARE A DONOR: OR IF YOU ARE A FUNDRAISER, AMOUNTS RECEIVED BY COH FOR YOUR FUNDRAISER, DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM IS MADE.
You agree at your expense to indemnify, defend and hold harmless Celebration of Hope, Inc. and its affiliates from any and all loss, damage or liability including reasonable attorney’s fees arising from any third-party claim, action or allegations of infringement based on: (1) information, content or data you submitted in connection with the Site; (2) your use of this Site in breach of any term or condition in the User Agreement; (3) any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct; (3) breach of your representations and warranties as set forth herein.
(23) PARTNER SERVICES
The Site may provide links to third-party websites or services and may link you automatically to sponsor’s or third-party’s websites or services. Celebration of Hope, Inc. provides such links solely as a convenience to you. Celebration of Hope, Inc. does not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
(24) CONTENT ON WEBSITE
You are solely responsible for the content you post on the Site including but not limited to photos, text, videos, graphics, and personal profiles. Information, ideas or opinions posted by users of the Site do not necessarily reflect our views and Celebration of Hope, Inc. does not take any responsibility for the accuracy of any information, ideas or opinions posted by users. Celebration of Hope, Inc. shall not be liable for any damages or losses resulting from such information, ideas or opinions. As a Celebration of Hope, Inc. user, you understand and agree that Celebration of Hope, Inc. may terminate any fundraising event, user membership or access to use the site at any time and for any reason. By posting any information or other content on the Site, you have authorized Celebration of Hope, Inc. to publish such materials in any manner desired without any obligation to compensate you or anyone else.
You further understand and agree that Celebration of Hope, Inc. may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of the this User Agreement or which may be illegal or offensive, or which poses a threat to the rights or safety of Celebration of Hope, Inc. users. Prohibited content includes but is not limited to anything that:
- Is unlawful, defamatory, harassing, inciting, threatening, hateful, harmful, bigoted, racially offensive or otherwise objectionable;
- Interferes with another user’s rights to privacy;
- Displays sexually explicit material of any kind;
- Collects, stores or solicits user’s personal information for commercial or unlawful purposes without the consent of Celebration of Hope, Inc.;
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable law or regulation;
- Contains any personally identifiable information about another use without that person’s express consent;
- Uses false or misleading e-mail addresses or attempts to disguise the origin;
- Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Posts any materials that may damage the operation of a computer (such as a virus worm or Trojan horse); or
- Advertises or sells any goods or services.
(25) FEES, INTEREST EARNED AND TAXES
Processing of funds and Availability
Celebration of Hope, Inc. charges a fee of 5.9% + $.50 per transaction on all proceeds from fundraiser projects. This 5.9% + $.50 per transaction include all credit card processing fees. Disbursement of funds (less all applicable fees) will be made at the termination of the fundraising event unless earlier payment was approved by Celebration of Hope, Inc. in its sole discretion. Users and/or beneficiaries have full responsibility for all applicable taxes for funds paid. User agrees to indemnify, defend and hold Celebration of Hope, Inc. harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Celebration of Hope, Inc. by the relevant taxing authorities with respect to any funds paid.
(26) VIOLATIONS AND TERMINATION
Celebration of Hope, Inc. may terminate your use of the Site for any reason. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Any funds your project has received will be forfeited and credited back to the donating Users’ accounts. These remedies are in addition to any other remedies Celebration of Hope, Inc. may have at law or in equity.
You agree that Celebration of Hope, Inc., in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Site or your use of the Site, and remove and discard all or any part of your account or any User Submission, at any time. Celebration of Hope, Inc. may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Celebration of Hope, Inc. shall not be liable to you or any third-party for any such termination. Celebration of Hope, Inc. reserves the right to withhold and/or cancel donations to accounts prior to termination.
Celebration of Hope, Inc. may in its sole and absolute discretion and without liability to users or any third-party terminate a user’s use of the service and user agreement for any reason without warning or prior notice.
(27) USER COMMUNICATIONS
Under this User Agreement, you consent to receive communications from the Site electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(28) DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
If you are a copyright owner or an agent thereof, and believe that any User Submission or other content hosted on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site to locate the material;
- Information reasonably sufficient to permit the Site to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Celebration of Hope, Inc.’s registered copyright agent to receive notifications of claimed infringement is:
Celebration of Hope, Inc.
35 Park Place, Suite 375
Appleton, WI 54914
You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may not be valid.
(29) RESOLUTION OF DISPUTES
This User Agreement shall be governed by the laws of the state of Wisconsin without regard to its conflict of laws provisions. You agree that any disputes or claim arising out of or in connection with this User Agreement shall be adjudicated in Outagamie County, Wisconsin or in the Eastern District of the Federal Courts, Green Bay branch. Any provision of this User Agreement that is found to be invalid or unenforceable will be replaced by a valid and enforceable provision that achieves, as near as possible, the same objectives as the deleted provision was intended to achieve. The remaining provisions of this User Agreement shall remain in full force and effect. The failure of Celebration of Hope, Inc. to act with respect to a breach by you does not waive the right of Celebration of Hope, Inc. to act with respect to similar future breaches. You may not attempt to assign or transfer any right or obligation set forth in this agreement without obtaining Celebration of Hope, Inc.’s prior express written consent. This agreement shall be binding upon each party’s successors and assigns. Celebration of Hope, Inc. shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Celebration of Hope, Inc.’s reasonable control. Any notice required or given to you under this User Agreement shall be sent to the e-mail address you provided by you upon registration. Except as otherwise expressly provided, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law or in equity. YOU AND CELEBRATION OF HOPE, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as explicitly stated otherwise, legal notices to Celebration of Hope, Inc. shall be served to the address set forth below, and to you, at the email address you provide to the Site during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
(31) ENTIRE AGREEMENT
This User Agreement constitutes the complete and entire understanding and agreement between Celebration of Hope, Inc. and you in connection with your use of this Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and Celebration of Hope, Inc. including prior versions of the User Agreement. As a user of the Site you, understand and are held responsible for periodically reviewing the terms of this User Agreement. Celebration of Hope, Inc. may update this User Agreement from time to time by posting revised versions of the Agreement on the Site without notice to you except that we will post the effective date at the top of the User Agreement. Any continued use of the software or Celebration of Hope, Inc. service by you after such amendments have been posted shall be deemed your acknowledgement and consent to the amended terms.
The services hereunder are offered by:
Celebration of Hope, Inc.
35 Park Place, Suite 375
Appleton, WI 54914