Welcome to Collabogive.com, the website and online service of Collabogive.
If you do not agree to any of this Agreement, do not use or access (or continue to access) the Service and or Site and discontinue any use of the Service and or Site immediately.
Modification of Terms and Conditions of Use
Collabogive reserves the right, at its sole discretion, to modify or replace these Terms and Conditions of Use by posting the updated terms on the Site. It is your responsibility to check the Terms and Conditions of Use periodically for changes. When the Terms and Conditions are modified, if you continue to use the Site you will be asked to accept the new Terms and Conditions. Your continued use of the Service following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
We reserve the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time and for any reason. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Summary of Service
Collabogive is an online funding platform where users (“Campaign Creators”) can list Campaigns and raise funds from other users (“Contributors”) and collect those monies (“Contributions”) into their own WePay account for their specific purpose(s). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, projects, other material and information, and associated trademarks and copyrighted or copyrightable works (collectively,“Content”). Campaign Creators, Contributors, and other visitors to or browsers or users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
Collabogive is an open platform. User Submitted Content should not be viewed as being an endorsement or opinion shared by Collabogive. You agree that Collabogive is not liable for any damages or losses resulting from such User Content.
You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a user name and password.
You represent and warrant that you are of legal age to form a binding contract, and that all information you submit is accurate and truthful.
In order to create a Fundraising Campaign on Collabogive you must be a registered user and abide by the terms stated in the ‘User Accounts’ section of this agreement. Additionally, Campaign Beneficiaries must be able to receive Campaign Donations into a US-based bank account and have US forms of identification (Social Security Number, Drivers License, Employer Identification Number) for bank verification.
Users that have been restricted, suspended, or terminated are ineligible to access the Services at any point.
Collabogive may, in its sole discretion, refuse to offer the Site or Service to any person or entity and change its eligibility criteria at any time (in accordance with the Section titled “Modification of Terms and Conditions of Use”). This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
The Services or Site may require registration. Should a User choose to register for such Services, the User agrees to provide accurate and current information as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Once created, the user profile will be viewable by the general public. You are responsible for all activities occurring on your profile and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark, copyright, or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited.
Collabogive reserves the right to refuse use of or registration to the Site or Service to anyone and to reject, cancel, interrupt, remove or suspend a User Account or Campaign at any time for any reason without liability. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
General Account Obligations, Representations and Promises
When using the Service you agree to do the following:
- Provide us with true, accurate and complete information about yourself. We promote a community environment, and true information about our Members is crucial to that effort.
- Maintain and promptly update your Registration Data to keep it true, accurate current, and complete.
- Use the Services in compliance with all applicable local, state, national and international laws, regulations, ordinances, directives, court orders, and these Terms and Conditions of Use.
- Use the Services in a manner so as not to damage, disable, overburden, or impair the Services, our networks, or systems.
- Use the Services in a manner so as not to interfere with any others’ legal rights or use or enjoyment of the Services.
- Ensure you own or have a legal right to use the Member Content with the Services so as not to infringe upon the Intellectual Property Rights of others. “Member Content” means the content you use to create and manage a campaign, Post, or comment on or contribute to a campaign. “Intellectual Property Rights” means all worldwide rights in patents, trademarks, service marks, copyrights, trade secrets, publicity, goodwill, and all other intellectual property rights as may now exist or hereafter come into existence, and all derivatives, applications therefore and registrations, renewals, and extensions thereof.
Account, Password and Security
As part of the registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You shall not allow any third party to use your account credentials. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session in order to prevent unauthorized use. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing firstname.lastname@example.org. Collabogive will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. You agree that, in the event of any dispute between two or more parties as to account ownership, Collabogive will be the sole arbiter of such dispute in its sole discretion and that our decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
Our Relationship with You
You agree that we are only acting as a passive conduit for User activities on the Services. This is the case even in the event that you receive support from us in relation to your activities on the Services. At no time does your use of Collabogive form a principal-agent relationship between you and Collabogive, or a partnership of any kind between you and Collabogive.
Fees and Payments
Joining Collabogive and posting a Campaign is free. However, if your Campaign is successful in collecting funds we charge the Campaign Beneficiary a platform service fee of 4% whenever a Contribution transaction is completed.
Collabogive processes payments through the 3rd-party payment solution, WePay. All funds that are not part of the platform service fee paid to Collabogive or part of the 3rd-party payment processing fee paid to WePay are automatically deposited into the Campaign Beneficiary’s WePay Account directly. Collabogive does not control nor have access to funds in the Campaign Beneficiary’s WePay Account. The Campaign Beneficiary may elect to automatically withdraw their funds from their WePay account via direct deposit to their linked bank account on a daily, weekly or monthly schedule, or manually request a paper check to be delivered in the mail.
Please note that WePay will charge a credit card processing fee per transaction on all Contributions.
Collabogive is not responsible for the performance of WePay nor has any control over their fees, charges, or user requirements. For more information on WePay’s fees, please visit www.wepay.com
We are not responsible for any error or omission in the name, mailing address, or Funding Account information you provide. You will hold Collabogive harmless for any funds or tax obligations on funds paid to 3rd-party payment solutions.
Fees may be adjusted at any time as Collabogive decides in its sole judgment and discretion. All fees are nonrefundable.
Discrepancies in or false or misleading statements or misrepresentations as to the Campaign, Beneficiary or uses of Contributions may result in Contributions being refunded and/or accounts being suspended or reversed. If Contributions have been disbursed to you or the Beneficiary, you and the Beneficiary will ensure that all Contributions are refunded promptly to all Contributors without deduction for any fees paid or payable by you.
Creating and Posting a Campaign
To Create a Campaign
The first step in launching a Campaign on Collabogive is to create a User Account through the Site’s registration process. Registered users can create campaigns, through which you may raise money.
Designate the legal entity or person receiving the Contributions (the “Beneficiary”) and ensure the Beneficiary sets up an account (a “Funding Account”) with the designated independent payment processor WePay (the “Payment Processor”) to receive Contributions. You may designate yourself as the Beneficiary.
- Create a Campaign and set your goal for the total Contributions you wish to raise during your current campaign (“Campaign Goal”) and the date by which you would like to raise the funds (“Campaign Duration”) on your Campaign submission page. The Campaign Duration can be between 1 and 90 days from the date your Campaign is launched or set to never-ending for Ongoing Campaigns. All Collabogive Campaigns are “Donations Only”.
“Donations Only” means you keep the money you raise regardless of whether your Campaign Goal is met. If you reach your Campaign Goal, you can Post a new Campaign to fund the next phase of your Campaign or a completely new Campaign. The number of Campaigns you can create is unlimited.
- In addition to allowing Contributors to determine the amount they wish to donate to your Campaign (“Open Donations”), you may also elect to create “Donation Levels” in which you set predetermined donation contribution options.
- You may offer non-monetary gifts for Contributions (“Donation Level Perks”), provided that the offering of such gifts is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement.
- Once you have entered all relevant information for your Campaign, you may submit it for Review and Approval. If approved, your Campaign will be published and you will be able to start accepting Contributions. You will be notified via email once your Campaign has been approved. It is in Collabogive’s sole discretion whether or not your Campaign will be approved and published. We reserve the right to refuse any Campaign that we do not feel meets our Site’s criteria found in our Campaign Guidelines. If your Campaign submission needs editing or additional information before publication, you will be notified via email of the changes needed. You will be required to make the requested fixes or improvements before resubmitting your Campaign for re-review.
- If you have set a Campaign Duration, when you reach your Campaign End Date, you will no longer be able to accept Contributions for your Campaign. You may create a new Campaign Phase after the closing of the prior Campaign Phase, or create a completely new Campaign at any time.
- By using our Service, you agree that Collabogive may choose your Campaign as one of its favorites and may add it to featured areas on the Site.
Special Rules Regarding Donation Level Perks
- All Donation Level Perks must be lawful and otherwise comply with this Agreement.
- To fulfill all Donation Level Perks and to respond promptly to all questions and comments regarding Donation Level Perks. If you are unable to fulfill a Donation Level Perk, you will work with the Contributor(s) to reach a mutually satisfactory resolution, which may include, without limitation, issuing a refund promptly.
- Collabogive is neither liable nor responsible for the fulfillment of Donation Level Perks, the failure to fulfill Donation Level Perks, the quality of the Donation Level Perks and as otherwise disclaimed or limited by this Agreement.
Representations and Promises of User, Campaign Creator and Beneficiary
As a User, you represent and promise that:
- All registration information you submit is truthful and accurate. You will maintain the accuracy of such information.
- You are 18 years of age or older.
- Your use of the Site and Services does not violate this Agreement.
- Your profile may be deleted and your use may be terminated without warning, if we believe that you are under 18 years of age. Collabogive does not knowingly collect or solicit personal information from children under the age of 18 or knowingly allow such persons to register for an online account or to post personal information on our website. Should we learn that someone under the age of 18 has provided any personal information to or on any of our Site, we will remove that information as soon as possible.
As a Campaign Creator, you represent and promise to us that you:
- Are the authorized representative of the Beneficiary with the authority: to solicit Contributions for the Beneficiary; and to bind the Beneficiary to the terms of this Agreement.
- Are solely responsible for complying with all rules, policies and procedures of the Processor.
- Will comply with all Special Rules Regarding Donation Level Perks.
- Will respond promptly and honestly to questions and postings posed by Users.
- Will ensure all Contributions are disbursed properly and legally to the Beneficiary and all Contributions are used as described by the Campaign. If, for any reason, you are unable to use Contributions as described in your Campaign, you will work with your Contributors to reach a mutually satisfactory resolution, which may include, without limitation, refunding the Contribution(s).
If your campaign’s Beneficiary is an entity with current nonprofit status under the Internal Revenue Service (such as a 501(c)(3)), you will provide the name of the Beneficiary, its status, and its Federal Tax Identification Number.
- Are liable, jointly and severally, with the Beneficiary for the Campaign and accountable and liable for the use of the Contributions other than as described in the Campaign (“Misuse”).
- Will not elicit or accept Contributions by means of fraud, misrepresentation, material omission of fact, or any other form of deception related to use of the Service.
Campaigns Fundraising for the Benefit of Nonprofits
As the Campaign Creator, you are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. All donations to nonprofits are made as unrestricted gifts, and we have no obligation to facilitate the earmarking of Contributions for any particular purpose. However, if a nonprofit or the Beneficiary of the donations is also the Campaign Creator, we expect you to fulfill your promises as stated in the Campaign.
As a Beneficiary, you acknowledge, understand and promise that:
Your Funding Account is subject to the Payment Processor’s Terms and Conditions of Use.
Collabogive is neither liable nor responsible for:
- Any Campaign not attaining its Campaign Goal;
- Any refunds, including without limitation, for Contributions or Donation Level Perks;
- Any errors or omissions in the Funding Account or caused by the Payment Processor;
- The failure of the Payment Processor or Campaign Creator to pay Contributions to the Beneficiary or for Misuse of the Contributions; and
- User Content.
Your sole and exclusive remedy and/or damages for any and all claims and causes of action relating to or resulting from the Campaign is against the Campaign Creator.
Contributors and Contributing to Campaigns
Collabogive may provide you the opportunity to make Contributions to any Campaign in any amount you choose. You may contribute to as many Campaigns as you like.
All Contributions are non-refundable by Collabogive and are made in your sole discretion and at your sole risk based on your sole determination and evaluation of the Campaign. You are solely responsible for determining the tax deductibility of any Contribution.
As a Contributor, you acknowledge, understand and promise to us that you:
- Agree to provide your payment information at the time you donate to a campaign.
- Consent to Collabogive and its payments partners authorizing or reserving a charge on your payment card or other payment method for any amount up to the full donation amount at any time between the donation and collection of the funds.
- Agree to have sufficient funds or credit available to ensure that the donation will be collectible.
Campaigns Fundraising for a Nonprofit
We reserve the right to not verify nonprofits or their tax status, however, you can personally verify them through GuideStar.org. You should investigate the business and operations of any entity to which you are considering donating to. Donations to nonprofits made on the Site are final and non-refundable.
Collabogive will send you an email receipt acknowledging your donation after you make a Campaign Contribution, which you may use to reference your donation. However, Collabogive does not warrant the tax status of the any Beneficiary, nonprofit or otherwise. Everyone’s tax situation is unique, so you should always seek your tax advice from a lawyer or tax adviser.
Making a Contribution does not:
- Give you any rights or ownership in or to that Campaign or Contributions;
- Give you any distribution rights;
- Give you any rights to control or otherwise direct the Campaign Creator, Beneficiary, Collabogive, the Service, Campaign, Payment Processor or limit or otherwise affect Contributors or Contributions; or
- Create any liability or responsibility on the part of Collabogive to any Contributor or for any Contribution regardless of reason.
Donation Level Perks offered to you are strictly between the Contributor and the Campaign Creator and Beneficiary.
Collabogive does not represent, warrant or guarantee:
- Donation Level Perks will be delivered; or
- Donation Level Perks will be satisfactory to you;
Collabogive is not responsible for the use of any Contributions or the outcome of any Campaign. It is up to you, as the Contributor, to ask such questions and undertake such due diligence as you deem necessary before you make a Contribution. Collabogive is under no obligation to seek the refund of any Contributions.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by applicable local, state, national or international law or by the Terms and Conditions of Use. The Service is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service.
You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- You know is false, misleading, incomplete, or inaccurate;
- Is unlawful under applicable local, state, national or international law, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous, obscene, pornographic, offensive, profane, or invasive of another’s privacy;
- Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
- Is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- Impersonates any person or entity, including any employee or representative of the Company.
Additionally, you shall not: (i) take any action that may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
You agree that Collabogive is only acting as a passive conduit for your online distribution and publication of your User Content without any obligation to monitor User Content or disputes between Users. You are responsible for protecting yourself from User Content or Collabogive Content that is offensive, harmful, or fraudulent.
Notwithstanding the foregoing, you acknowledge and agree that Collabogive may choose to, but is not obligated, in its sole discretion and judgment:
- Verify your use at any time as a User;
- Permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to or use of the Service or your account(s) or to remove any User Content, Posts or other content or block any individual or entity for any reason; or
- Delay or withhold the payment of or reverse or refund any Contributions or other amounts; All without notice and without liability for any damages and without necessarily consulting any other parties. Upon termination for any reason, you continue to be bound by this Agreement.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. Collabogive may also provide links to third-party websites or services and may link the User automatically to sponsors’ or third parties’ websites or services. Collabogive provides such links solely for the convenience of Users. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by Collabogive and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. You will not use any Content on the Site for any purpose without first obtaining the prior written consent of the owner of that Content.
User Content and Warranty of Non-Infringement
The Service allows you to post Campaign details and information, feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise use or make available (collectively, “Post”) on the Service.
You represent and warrant:
- You are the owner of (or have all the rights and permission required to use) all the Intellectual Property Rights (as defined below) in the User Content you Post or as reasonably contemplated by Collabogive’s use of such User Content and have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement. Each person has released you from any liability that may arise in relation to such use.
- The User Content, use of the User Content with the Services and Collabogive’s use of such User Content will not infringe any Intellectual Property Rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate this Agreement.
- You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Patent and Trademark Office, U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
License Grant of User Content and Campaign Feedback
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant to Collabogive a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content including, without limitation, your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
- Irrevocably assign all worldwide rights, title and interest in and to all User Content posted to a Campaign (“Campaign Feedback”) to the Campaign Creator that posted that Campaign; and,
- Waive and release the Campaign Creator and Collabogive from any claims that you now have or may hereafter have, known or unknown relating to or resulting from Campaign Feedback including, without limitation, infringement or violation of any privacy right or obligation of confidentiality.
If you post a Campaign, you acknowledge and agree that Collabogive is not responsible for your use of Campaign Feedback and you use Campaign Feedback at your own risk.
License Grant to Use Service and Collabogive Content
You understand and acknowledge that your use of the Service (including, without limitation, Collabogive’s Content) is a privilege and not a right. Subject to this Agreement, Collabogive grants you a non-exclusive, limited, personal license to use the Service in accordance with this Agreement. You agree you will (and will ensure that others will):
- Use the Service or Collabogive Content in strict compliance with this Agreement; and
- Not create derivative works from any Collabogive Content. Use of the Service or Collabogive Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
- Except for your User Content and the limited right of use of the Service, Collabogive retains all right, title and interest (including, without limitation, all Intellectual Property Rights) in and to the Service and all content created and used by Collabogive in conjunction with the Service including, by way of example and not limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “Collabogive Content”); all of which are the exclusive property of Collabogive and its licensors. Collabogive retains all rights not expressly granted to you.
Collabogive reserves all rights not expressly granted in the Service. Collabogive may terminate this license at any time and for any reason.
By Submitting User Contents on the Site or otherwise through the Service, you agree to the following terms:
- The Company will not have any ownership rights over your User Content. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Contents and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Content and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Content, Trademarks, names, likenesses, and personal and biographical materials of you and the users of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content.
- You are publishing your User Content, and your name or User ID may identify you publicly in association with your User Content.
- You grant to each User a non-exclusive license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content solely for personal, non-commercial use.
- You further agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Collabogive all of the license rights granted herein.
- You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Content to the Service or the Company’s publishing or hosting of the User Content as contemplated by these Terms and Conditions of Use.
- The use or other exploitation of User Content by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
- The Company will not be liable for any errors or omissions in any Content.
- The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
- In accordance with the Digital Millennium Copyright Act, Collabogive has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Collabogive also may terminate User accounts even based on a single infringement.
Collabogive will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, you can also submit a notification by emailing us at email@example.com.
Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site, sufficient for Collabogive to locate the material;
- Your address, telephone number, and email address;
- A 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
- A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, email us at firstname.lastname@example.org.
Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
- A physical or electronic signature of the user of the Services;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- The subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
Under the Copyright Act, any person who knowingly and materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
The Company may terminate your access to the Site and/or Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms and Conditions of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign; (ii) remove, edit, or modify any Content, including, but not limited to, any User Content; and (iii) remove or block any User or User Content. Collabogive reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Contents, violation of the Terms and Conditions of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.
Limitation of Liability
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
The Sites and Services are controlled and operated from within the United States. Collabogive makes no representation that the Sites and Services are appropriate or available in locations outside of the United States. Additionally, campaigns must be able to receive donations into a US-based bank account and have US forms of identification (Social Security Number, Drivers License, Employer Identification Number) for bank verification. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from Collabogive all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Collabogive may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
Governing Law and Dispute Resolution
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference), and any dispute arising therefrom, shall be governed solely and exclusively by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Collabogive or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You and Collabogive each agree that any and all disputes or claims that have arisen or may arise between you and Collabogive relating in any way to or arising out of this Agreement, your use of or access to the Service, or any Contributions raised through Collabogive’s Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to Arbitrate. Arbitration will be conducted under the American Arbitration Association (AAA) rules and procedures, but can be heard by AAA arbitrators or any other qualified arbitrators who are agreed to by both parties. You agree that any dispute or arbitration proceeding arising out of or relating to these terms, or your use or non-use of the Services, shall be filed and decided solely and exclusively in San Bernardino County in the State of California and you hereby consent and submit to the personal jurisdiction thereto for the purposes of arbitrating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. Any party who unsuccessfully challenges the enforceability of this forum and arbitration selection clause shall reimburse the prevailing party for its attorney fees and costs, and the prevailing party in any such dispute shall be awarded its attorney fees.
Integration and Severability
These Terms and Conditions of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms and Conditions of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms and Conditions of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions of Use. In any action or proceeding to enforce rights under the Terms and Conditions of Use, the prevailing party will be entitled to recover costs and attorneys’ fees from the non-prevailing party. All notices under the Terms and Conditions of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Notices to Collabogive will be sent to the following address: 5716 Corsa Ave., Suite 110, Westlake Village, CA 91362-7354
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, Safety.com, www.safety.com or by using Google or other search engine to find Websites with the search phrase “parental control.”