1.1. Governing Agreement
1.3. The Services.
Users may enter a sweepstakes by creating an Account and making a donation through the Site. No purchase, payment or other financial contribution is necessary to enter or win a sweepstakes, and any and all sweepstakes are void where prohibited by law. In addition, if you are registering for or participating in a Raize sweepstakes contest, participation is subject to our Official Sweepstakes Rules and Regulations and any other rules and regulations applicable to such competition (collectively, Rules). If these Terms conflict with or are inconsistent with any Rules, such Rules will govern and be given precedence.
This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). You must be over the age of 13 to use the Service, and eligibility is limited to residents of countries where allowed by law. There may be additional age restrictions depending on the prize being awarded. Void in Sweden, Malaysia, Spain and countries on the United States list of embargoed countries. As part of the registration process, you will be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to Raize for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.
In creating an Account, you shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify Raize by sending an email to firstname.lastname@example.org of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Raize is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Raize employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a Raize, employee, director or manager may not participate in the Service or create an Account through the Site.
1.6. Termination of Account.
You understand and agree that you have no ownership rights in your Account and Raize may stop offering the Service at any time. Further, Raize may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, “User Content”) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these Terms. Raize will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. You may cancel your Account at any time and cancellation will take effect immediately. Raize reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.
1.7. Accessing the Service
Raize may make the Service available through third party sites, platforms or services, including Facebook, Apple, Google, or others. In order to access the Service through those third parties, you may be required to agree to their separate terms and conditions. If such consent is required and you choose to withhold it, then you may be denied use of the Service through those third parties notwithstanding your agreement to abide by Raize’s Terms of Service. Moreover, if we provide the Service solely through such third party sites, platforms or services and you withhold your consent to their terms and conditions, your right to use the Service under Raize’s Terms of Service will terminate.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
1.8. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Raize policies, Raize grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. You understand that Raize, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable the Site, or any part thereof including any Service, without prior notice. Raize will fully cooperate with authorities in prosecuting any user who interferes with the site, or attempts to defraud Raize. Notwithstanding anything to the contrary herein, you may not: (i) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Raize; or (iv) make any false, misleading or deceptive statement or representation regarding Raize and/or the Site or Service.
1.9. Use of the Service
The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if you are under the age of 13;
- You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
- You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not create an Account or use the Service if you are a convicted sex offender;
- You shall not have an Account or use the Service if you have previously been removed by Raize or previously been banned from using the Service;
- You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
- If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
1.10. License Limitations
Any use of the Service in violation of these limitations (“License Limitations”) is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.8, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY RAIZE SERVICE IS A VIOLATION OF RAIZE POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
- Engage in any act that Raize deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, the Rules, or any other policies;
- Make improper use of Raize’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Raize employees and service representatives;
- Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Raize employee;
- Solicit or attempt to solicit personal information from other users of the Service;
- Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Raize;
- Copy, modify or distribute rights or content from the Site, or Raize’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
- Without Raize’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation, such as transmitting unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
- Use automation software, bots, hacks, or any unauthorized third party software designed to modify or interfere with the Service, or use the Service to design or assist in the design of any such software;
- Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Raize.
The interfaces, content, arrangement and layout of the Site including, but not limited to, the Raize trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (“Raize Intellectual Property”) are the property of Raize, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Raize. You understand and acknowledge that, by using the Service, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed through the Service. You agree not to display or use any Raize Intellectual Property or third party content located on the Site in any manner not expressly permitted under these Terms.
2. USER CONTENT
2.1. Content Screening
You are entirely responsible for all User Content you post or otherwise transmit via the Service. Raize assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If we choose at any time, in our sole discretion, to monitor the Service, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
2.2. Information Use by Other Members of the Service
2.2.1. Public Discourse & Unsolicited Ideas
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Raize cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Raize shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that Raize (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
RAIZE IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
2.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Raize assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact our customer support department.
Raize may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Raize may violate these Terms of Service.
Raize reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Raize, including to enforce these Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
2.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Raize reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release Raize (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
3. THIRD PARTY ADVERTISING
3.1. Third Party Advertisements
3.2. Links to Third Party Sites and Dealings With Advertisers
Raize may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Raize makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Raize and may collect data or solicit personal information from you. Raize is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Raize of these linked sites.
4. COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you are a copyright owner or an agent thereof and believe that any submission on the Sites’ message boards or any other content on the Sites infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Raize’s designated agent to receive notifications of claimed infringement is: email@example.com. Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to firstname.lastname@example.org You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
5. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Raize may require that you accept updates to the Service. You acknowledge and agree that Raize may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
6. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
6.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER RAIZE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “RAIZE PARTIES”) MAKES ANY WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE, THE SOFTWARE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE IS AT YOUR SOLE RISK. RAIZE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE SOFTWARE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, THE SOFTWARE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RAIZE PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SOFTWARE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
6.2. LIMITATIONS; WAIVERS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RAIZE OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE, EVEN IF RAIZE AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) ANY OTHER MATTER RELATING TO THE SITE, THE SOFTWARE OR THE SERVICE; OR (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RAIZE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR ANY PORTION OF THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE, THE SOFTWARE AND THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF RAIZE.
You agree to indemnify, save, and hold Raize, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Raize reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Raize, and you agree to cooperate with Raize’s defense of these claims. Raize will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
7. GOVERNING LAW; JURISDICTION
These Terms shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. All disputes arising out of or related to your use of the Site, the Software and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and you agree to submit to the personal jurisdiction of such courts.
9. GENERAL PROVISIONS
9.2. Supplemental Policies
Raize may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
9.4. Language of the Terms of Service
In the event of a conflict between a translation of the Raize Policies and the English version, the English version of the Raize Policies will control.
9.5. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Raize shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Raize.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
9.7. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Raize are of a unique and irreplaceable nature, the loss of which shall irreparably harm Raize and which cannot be replaced by monetary damages alone. Accordingly, Raize shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 6.2 (if any).
9.8. Force Majeure
Raize shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Raize, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Raize’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.