WELCOME to helpafund
HELPAFUND TERMS OF SERVICES: PLEASE READ CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the Web site of HelpaFund (herein "HelpaFund," "us," "our," "we") which provides its services (described below) to you through its website located at www.helpafund.com (the "Site") and through its related services, affiliates (collectively, such services, including any new features and applications, and the Site, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with HelpaFund, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and HelpaFund for violations of these Terms. Your failure to abide by these Site Terms may result in the suspension or termination of your account or the removal of a Campaign that you create. Please read below for more details.
Helpafund reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that helpafund will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Questions regarding the use of the Site, please refer first to our FAQ Section. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org
If you are either the person setting up a campaign, invited to a campaign as a team member or if you are making a donation to a Helpafund campaign through the Site, we encourage you to review the Fees section below in the Terms of Services.
Use of Services:
The Services are offered by helpafund as a platform (the "Platform") to users of the Services, which may include Campaign creators and Donors (each defined herein) and other registered users of the Services (which may include users who simply "like" Campaigns or otherwise interact with the Site or Services). Among other features, the Services are designed to allow a user (a "Campaign Creator") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Campaign Creator" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services and those of our third party payment processors. Please see our Fees section for details.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Helpafund facilitates the Donation transaction between Campaign Creators and Donors, but is not a party to any agreement between a Campaign Creator and a Donor, or between any user and a Charity. Helpafund is not a broker, agent, financial institution, creditor or insurer for any user. Helpafund has no control over the conduct of, or any information provided by a Campaign Creator or a Charity, and helpafund hereby disclaims all liability in this regard.
Helpafund does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign creator, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign creator, or Charity.
We do not and cannot verify the information that Campaign creators supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign creator or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaign creator or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign creator or Charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign to alert our team of this potential issue and we will investigate.
You, as a Campaign Creator, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
REGISTERING FOR SERVICES
Creating a campaign
As a registered User of helpafund, you can create a fundraising campaign (“Campaign”) for yourself or on behalf of someone else.
Once you have registered an account with Helpafund, you may create a fundraising campaign for the causes or project you care about (each, a “Campaign”). For each Campaign you create, you agree: (1) to provide complete, accurate and truthful information and that all content in your Campaign is accurate and truthful, (2) that, if you are raising money to benefit a specific person or people other than yourself, you have expressly received the right and permission to publish information about the beneficiary, including any photographs and health-related information, and you have provided all information about the beneficiary that we indicate is required, (3) that, if you are raising money to benefit a specific child, that you are the parent or guardian of the child or you have received express permission from the parent or guardian of the child to publish information about and photographs or other depictions of the child, and (4) that, if your Campaign is intended to raise money to benefit an organization, you have that organization’s authorization and permission to do so, including any rights to use that organization’s name, logo, trademarks, or other identifying marks, and 5) that you will not post your Campaign’s URL in the comments section or any other area of other Campaigns on the Site. You are solely responsible for all content published for or posted to your Campaign. You are solely responsible for any and all tax implications from contributions received through your Campaign. You agree and guarantee that all money raised through your Campaign will be given for the purposes described in your Campaign and that no other person or entity besides the advertised beneficiary will receive any of the funds raised through your Campaign.
Donating to a campaign
You agree that all donations you submit on the Site through the payment processor associated with the Campaign are given voluntarily by you. You understand that while helpafund does investigate Campaigns from time to time, that Helpafund does not verify all information published in any Campaign and cannot and does not represent or warrant the truthfulness of any Campaign. Helpafund does not verify whether any beneficiary organization advertised as a nonprofit actually has tax-exempt status by the U.S. Internal Revenue Service or any state agency. You, as a Donor, represent and warrant to Helpafund that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded. We encourage you to double-check on the tax-exempt status of any organization claiming to be a nonprofit before donating to a Campaign. Donations are made through the third-party payment processor associated with each particular Campaign, any refunds will be given in the third party payment processor’s discretion and in accordance with their terms of service. We encourage you to read the terms of service of the applicable payment processor regarding refunds before donating to a Campaign. You are responsible for maintaining copies of documentation related to any donation you make for your own tax and other financial records.
Helpafund does not charge a Campaign Creator any upfront fees for initiating a Campaign. Helpafund retains a flat percentage of each Donation contributed to a Campaign and all charitable contributions made to a Charity (collectively, "Helpafund Fees"). An additional payment processing fee is also deducted from each Donation and is payable directly to our third party payment processors (the "Payment Processing Fee," and together with the Helpafund Fees, the "Fees"). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service. Please see Fees at http://www.helpafund/content/pages/fees. Payment Processing Fees and links to the applicable terms and conditions of our third party processors are listed below:
Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaign Creator can withdraw from the Campaign. We reserve the right to change Helpafund's Fee pricing from time to time. If Helpafund does change its Fees, Helpafund will provide notice of the change on the Site or in email to you, at Helpafund’s option, at least 30 days before the change is to take effect. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.
Wepay payment Processing
Withdrawing from a campaign
Withdrawing Donations from a Campaign: You, as a Campaign Creator (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less Fees and any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we may place on your Campaign account. A Campaign Creator may withdraw Donations by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While Helpafund strives to make Withdrawals available to you promptly, you acknowledge and agree Withdrawals may not be available to you for use immediately, and Helpafund does not guarantee that Withdrawals will be available to you within any specific time frame, and Helpafund expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Creator, are responsible for ensuring that the information you provide to Helpafund in order to process a Withdrawal, including your bank account information, is accurate and up to date.
Helpafund Account Holds: From time to time, Helpafund may place a hold on a Campaign account (a "Hold") restricting Withdrawals (defined herein) by a Campaign Creator. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaign Creator is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Campaign Creator (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Creator), (iii) if we have reason to believe that a Campaign or Campaign Creator has violated these Terms of Service, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at email@example.com.
Conditions of Use
You are solely responsible for all Campaign descriptions, comments, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Helpafund. However, this list is not exhaustive and Helpafund reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and international agencies, and take appropriate action against anyone who, in Helpafund’s sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing donated funds when Helpafund reasonably believes it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
transmit or otherwise upload any content that
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or
(vi) in the sole judgment of Helpafund, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Helpafund or its users to any harm or liability of any type; or
The Site may also include interactive areas or services (“Interactive Areas”), such as comment areas, message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through any portion of the Site any of the following:
i. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
ii. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
iii. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
iv. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
v. Unsolicited promotions, advertising, solicitations or political campaigning.
vi. Offerings or promotion of raffles, lotteries, sweepstakes, contests or other games of chance – whether from the user or third-parties.
vii. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
viii. Viruses, corrupted data or other harmful, disruptive or destructive files; and
ix. User Content that, in the sole judgment of Helpafund, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Helpafund or its users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct while on the Site and using the Services, and you agree that you will not do any of the following in connection with the Site, the Services or its users:
∙ Use the Site or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
∙ Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
∙ Cheat or utilize unauthorized exploits in connection with the Site;
∙ Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
∙ Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
∙ Harvest or otherwise collect information about users, including email addresses, without their consent;
∙ Use the Site or the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Site Terms; or
∙ Circumvent or attempt to circumvent any filtering, security measures or other features Helpafund may from time to time adopt to protect the Site, the Service, its users or third parties.
Helpafund takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Helpafund liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site, including any Interactive Areas, is at your own risk. Enforcement of the user content or conduct rules set forth in these Site Terms is solely at Helpafund’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, Helpafund is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Helpafund has no obligation to screen, edit or monitor any of the User Content on the Site, including in any Interactive Area, Helpafund reserves the right, and has sole discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Services and/or the Site.
If you post User Content to the Site, unless we indicate otherwise, you grant Helpafund and its affiliates a nonexclusive, royalty-free, fully paid up, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site and the promotion thereof including without limitation the right to use your name, likeness, voice or identity. You grant Helpafund and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You understand and agree that the use of your or other users’ name, likeness, voice or identity in connection with various features on the Site does not imply any endorsement of such feature or of the Site of the Helpafund unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content that you post or submit is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Copyright and limited license
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Helpafund logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Helpafund or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Helpafund, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Helpafund respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Helpafund of your infringement claim in accordance with the procedure set forth below.
Helpafund will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Helpafund’s Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
Re: DMCA Compliancy reporting
27762 Antonio Pkwy, Ste L1-469
Ladera Ranch, CA 92694
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If you believe that anything on the Site, including any Campaign, infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Title of Agent Designated to Receive Notification of Claimed Infringement: CEO
E-Mail Address of Designated Agent: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray helpafund or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a helpafund logo or other proprietary graphic of helpafund to link to this Site without the express written permission of helpafund. Further, you may not use, frame or utilize framing techniques to enclose any helpafund trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Helpafund’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of helpafund or any third party.
Helpafund makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site, including without limitation WePay.com. Such sites are not under the control of Helpafund and Helpafund is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Helpafund provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Helpafund of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third party content
The Helpafund Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Helpafund has no control over such sites, services and resources and Helpafund is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Helpafund will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Helpafund is not liable for any loss or claim that you may have against any such third party.
Helpafund may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Helpafund does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Helpafund is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non- Helpafund advertisers or third party information on the Site.
Helpafund may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Helpafund does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Helpafund is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Social Networking sharing and services
In addition, Helpafund is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Helpafund is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Helpafund enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
“Helpafund,” “The power of Human Kindness,” “Powered by Human Kindness” and the Helpafund logos and any other Helpafund product or service name or slogan contained in the Site are trademarks of Helpafund, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Helpafund or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Helpafund” or any other name, trademark or product or service name of Helpafund without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Helpafund and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Helpafund names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You agree to release, indemnify and hold Helpafund and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Helpafund, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Repeat infringer policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Helpafund has adopted a policy of terminating, in appropriate circumstances and at Helpafund’s sole discretion, account holders who are deemed to be repeat infringers. Helpafund may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HELPAFUND NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HELPAFUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL HELPAFUND'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HELPAFUND IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user's satisfaction by emailing Helpafund support at firstname.lastname@example.org. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Helpafund has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys' fees will be governed by the AAA Rules. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Arbitration will be conducted in Orange County California.
THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HELPAFUND AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. HELPAFUND DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HELPAFUND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HELPAFUND IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO DONATIONS, TEXT OR PHOTOGRAPHY. WHILE HELPAFUND ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, HELPAFUND CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Helpafund reserves the right to change any and all content contained in the Site and to modify, suspend or discontinue the Site or any Services offered through the Site or any features or functionality of the Site or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Helpafund.
Intellectual Property Rights
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 Helpafund 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 Helpafund Materials other than for approved commercial or non-commercial use 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.
(ix) You may not utilize framing techniques to enclose any trademark, logo, or other Helpafund 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 Helpafund’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 Helpafund finds objectionable in its sole discretion.
(xii) You may not use any logos, graphics, or trademarks of Helpafund 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.
Intellectual Property Rights — Campaign Creators
The Service provides you with the ability to upload your content to the Site. Helpafund will not have any ownership rights in your content, however, Helpafund needs the following license to perform the Service. You hereby grant to Helpafund the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (“Host”) the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text (“Artworks”) in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.
To enable Helpafund to Host your content pursuant to the above provisions, you hereby grant to Helpafund the worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service.
Intellectual Property Rights — Users
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:
Acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your name in association with any such User Submission;
By Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Helpafund a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Helpafund’s (and its successors and assigns’) business, including without limitation for promoting 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). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Helpafund does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
That the use or other exploitation of such User Submissions by Helpafund and use or other exploitation by users of the Site and Service 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; and
Understand that Helpafund shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Helpafund will not be liable for any errors or omissions in any content; and that Helpafund cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Helpafund does not endorse any User Submission. Helpafund cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Orange County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that Helpafund, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Helpafund believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Helpafund may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Helpafund may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Helpafund will not be liable to you or any third party for any termination of your access to the Services.
Helpafund You agree that helpafund.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof) or the Services, at any time and without notice, and remove and delete any Campaign or User Content, for any reason, including, without limitation, if helpafund.com believes that you have acted inconsistently with the letter or spirit of these Site Terms. Again, you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Further, you agree that helpafund.com shall not be liable to you or any third-party for any termination of your access to the Site or the Services. You may also terminate your account at any time, by contacting us at support@ helpafund.com. Following the termination of your account, any Campaign associated with your account will no longer be published on the Site, and helpafund may retain a copy of your Campaign, including any User Content, for its records. If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Helpafund will have no liability or responsibility with respect thereto. Helpafund reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
If you are a California resident, you may have these Site Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Site Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions or comments
Please contact us at email@example.com for any questions, comments or to report any violations of these Terms of Service