Terms of Service

Last Modified: September 24, 2018

Introduction

These Terms of Service (″Terms″) govern Gigaraise, LLC′s (collectively, ″Gigaraise,″ ″we,″ ″us,″ and/or ″our″) relationship with users (collectively, ″users,″ ″you,″ ″your″) who visit the Gigaraise website and platform (collectively, the ″Site″) at https://gigaraise.com/home, and any all services available on or through the Site or otherwise provided by Gigaraise (collectively, the ″Services″).

Please read the Terms carefully before you start to use the Site or Services. These Terms apply to you if you are a fundraiser, team, charity, donor, event organizer, event registrant, fan, athlete, or any other user of the Site and/or Services. By using the Site, you accept and agree to be bound and abide by these Terms and our General Privacy Policy at https://gigaraise.com/privacy-policy, incorporated herein by reference. If you are under the age of 13 or a parent of a user under the age of 13, please also review our Privacy Policy for Children at https://gigaraise.com/coppa, also incorporated here by reference. If you do not want to agree to these Terms or the General Privacy Policy, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Team Participation

Any athletic team or organization may register with Gigaraise and engage in the Services, including participating in fundraising competitions. By using our Services, you represent and warrant that you: (a) are the authorized representative of your team or organization with the authority to solicit donations for the team or organization; and to bind the team or organization to the terms of this Agreement; and (b) ensure all donations are disbursed properly and legally to the team or organization and all donations are used as described.

By raising funds through the Services, you represent and warrant that: (a) you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and (b) you will use all donated funds solely for the purpose you have stated on the site, and under no circumstances may you use the funds for any other purpose. Additionally, if you are raising funds for a non-profit organization you represent and warrant that the non-profit has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code.

Donors

Gigaraise provides you with the opportunity to register as a user and donate to your favorite athletes and teams. All donations are at your own risk. Please make sure that when you donate you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. Gigaraise does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.

Additionally, Gigaraise makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. Gigaraise will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you any fundraising team or organization. You should consult your tax advisor as to the amount of your donation that is tax deductible.

User Generated Content

When you are using the Site and/or the Services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, or other content (collectively ″User Generated Content″). Any User Generated Content you post to the site will be considered non-confidential. You alone, are responsible for all of your User Generated Content, including its legality, reliability, accuracy, and appropriateness. You retain ownership, if any, to all of your User Generated Content. However, by submitting your User Generated Content to Gigaraise, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, publicly display, 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 represent and warrant that:

  • You own or control all rights in and to the User Generated Content and have the right to grant the license as granted above to us and our licensees, successors, and assigns.
  • All of your User Generated Content does and will comply with these Terms of Use.

Content Standards

These content standards apply to any and all User Generated Content and use of any interactive Services. User Generated Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Generated Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
  • Engage in any conduct that, in Gigaraise′s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Site or Services;
  • Be likely to deceive any person, impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Gigaraise, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
  • Access or use for any commercial purposes any part of the Site or any Services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [insert email address].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Gigaraise. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

Gigraise′s name, the terms [insert Gigaraise′s trademarks and logos] and all related names, logos, product and service names, designs, and slogans are trademarks of Gigaraise, or its affiliates or licensors. You must not use such marks without the prior written permission of the Gigaraise. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Digital Millennium Copyright Act; Copyright Complaints.

Gigaraise respects the intellectual property rights of others and requires those that visit the Site and use our network to do the same. We 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. We may also, at our discretion, remove or disable links, references, or User Generated Content that contains infringing material or infringing activity. In the event that any visitors to the Site repeatedly infringe on others′ copyrights, we may in our sole discretion terminate those individuals′ rights to use the Site or Services.

If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify by written notice, Gigaraise′ copyright agent at [insert name and contact information]. 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.

Third-Party Material

Gigaraise shall not be liable in any way for any content or materials of any third parties, including User Generated Content, any errors or omissions contained therein, or for loss or damage of any kind incurred as a result of the use of any such content or materials. You acknowledge that Gigaraise does not pre-screen content, but that Gigaraise will have the right (but not the obligation) in its sole discretion to refuse, remove, or allow any content that is available via the Services. Without limiting the foregoing, Gigarasie will have the right to remove any content that violates these Terms or is deemed by Gigaraise, in its sole discretion, to be otherwise objectionable.

This Site and the Services may provide links or references to other websites but we may not have reviewed all of these other websites, and therefore have no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Gigaraise, we do not operate, control or endorse any information, products or services on the Internet in any way. We do not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site to:

  • violate the Content Standards listed above;
  • interfere with or disrupt any servers or networks used to provide the Site or Services or their respective features, or disobey any requirements of the networks Gigraise uses to provide the Site or Services;
  • gain unauthorized access to the Site, or any account, computer system, or network connected to this Site or Services, by any unauthorized or illegal means;
  • obtain or attempt to obtain any materials or information not intentionally made available through the Site or Services;
  • use the Site or Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Site or Services for fundraising activities is expressly permitted;
  • engage in advertising or commercial solicitation of any product or service without Gigaraise′s written consent, except that using the Site or Services for fundraising activities is expressly permitted;
  • gather for marketing purposes any email addresses or other personal information that has been posted by other users;
  • post any identification documents or sensitive information about another person;
  • Use, disclose or distribute any data information that you do not have consent to disclosure or such disclosure is in violation of these Terms;
  • Post anything that contains software viruses, worms, or any other harmful code; Attempt to derive the source code for the Services or any related technology that is not open source;
  • Rent, lease, loan, trade, sell/re-sell access to the Services or related data; Sell, sponsor, or otherwise monetize any Service without our consent;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service; Remove, cover or obscure any advertisement included in the Services;
  • Access the services except through the interfaces expressly provided by Pledge It, such as its mobile applications and the site;
  • Use a Service for tasks that it is not intended for;
  • Override any security feature of the Services; and/or
  • Interfere with the operation of, or place an unreasonable load on, the services (e.g., spam, denial of service attack, viruses, gaming algorithms).

Geographic Restrictions

The owner of the Site is based in the state of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Contact Us

This Site is operated by [Company Name] [Company Address].

All notices of copyright infringement claims should be sent to the copyright agent designated in the above section″Digital Millennium Copyright Act; Copyright Complaints″ in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [Insert email address].