- Eligibility. To be eligible to use the OneCause Items, you must: (a) be at least 18 (or between the ages of 13 and 17 and using the Applications with parental or legal guardian consent and supervision) or if you reside in Canada at least the age of majority in your jurisdiction. No one under the age of 13 may use the OneCause Items; (b) have not had your use of any of the OneCause Items previously restricted, suspended or terminated by us; and (c) not be using another person’s account. Access to the OneCause Items from territories where the OneCause Items are illegal is strictly prohibited.
- About OneCause. OneCause’s purpose is to support donations to registered nonprofit, charitable organizations and other qualified donees, as applicable, in the United States, which means an organization where contributions are deductible within the meaning of Reg § 1.170A-1 of the Internal Revenue Code and in Canada, which means an organization where contributions are deductible within the meaning of the Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.)) (“Nonprofits”). The OneCause Items help individuals, Nonprofits and companies raise awareness and money for causes, but we do not endorse any such individuals, companies, or Nonprofits or any of their Campaigns (as defined below). We allow you to create, participate in, interact with and donate to campaigns, events, and challenge activities through the OneCause Items (collectively “Campaigns”). The existence of the OneCause Items is not a solicitation of donations and we do not engage in any solicitation activities on behalf of any individuals, Nonprofits, or companies. When you donate or purchase through the OneCause Items, your donation or purchase will be processed by a leading payment processor. OneCause will not store your credit card or verify information as part of this process. You agree that your donations and purchases are unconditional and non-refundable, even if a fundraising event is cancelled (in which case the organization may keep pre-existing ticket sales, donations and/or purchase proceeds). After you submit a donation or make a purchase, we will email a receipt to you that may be used for the purpose of determining whether you may claim a tax deduction. Donations to 501(c)(3) organizations or T3010 organizations are in general tax-deductible, but OneCause cannot and does not provide legal or tax advice or make any representation as to the tax deductibility of any specific donation or purchase. The organization to which you donate or make a purchase reserves the right to use donations and proceeds from sales where the need is greatest. Donations and purchases made through the OneCause Items constitute an agreement (subject to these Terms) between the User (as defined below) and the organization (e.g. the Nonprofit) with respect to such donations or purchases (“Donation/Purchase Agreements”). Disputes relating to all such purchases or donations and all Donation/Purchase Agreements shall be between the User and the applicable organization, and not OneCause. “Users” means you and any other end user of the OneCause Items by, under or through you. For greater certainty, you acknowledge and agree that OneCause is not a party to any Donation/Purchase Agreement. You are responsible for compliance of your Users with these Terms.
- Your Responsibilities. (a) You agree: (i) to provide accurate information to the Applications; and (ii) update such information to keep it accurate. Inaccurate information may result in your suspension or termination of your use of the Applications and/or to decline your continued or future use of the Applications; (b) You are responsible for complying with all local rules, laws, and regulations regarding your use of the OneCause Items; (c) by providing us with a telephone number for a mobile device, you expressly consent to receiving communications, including but not limited to prerecorded or artificial voice message calls, text messages, SMS messages and calls made by an automatic telephone dialing system, from us, our affiliates and agents at that number. We may contact you for non-marketing purposes, including but not limited to communications regarding the OneCause Items, event details and updates, auction items, and donation confirmations. Calls and messages may incur fees and charges from your mobile services provider, and you are responsible for all such fees and charges. We are not responsible for any delayed or failed messages not timely received by you. To stop receiving unsolicited communications from us, reply with keywords STOP and HELP to text messages or notify OneCause at email@example.com or support.onecause.com; (d) if you offer raffles, lotteries promotions, prizes, competition awards or similar activity deemed to be a game of chance as defined by state, province, region, national or federal regulations, as part of any Campaign (“Promotion”), you take full responsibility for the Promotion, and you represent, warrant and agree that: (i) you are either exempt from such laws due to your status as a 501(c)(3) organization (USA) or T3010 organization (Canada) or you have obtained the requisite licenses or permits to conduct the Promotion. You acknowledge that OneCause is in no way associated with or responsible for the operation of any Promotion and that the OneCause Items can track ticket volumes and sales and identify specific ticket numbers where available; (ii) such Promotion shall comply with all applicable laws; (iii) you are solely responsible for all facets of the Promotion; (iv) you may not use the Marks (as defined below) or any other OneCause intellectual property in the rules or any other materials relating to the Promotion without our prior written permission; (v) such Promotion is not marketed to anyone under the higher of the age of 18 or the age of majority for the state or province/territory in which you reside; and (vi) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco; provided, however, this provision shall not preclude you from conducting a raffle in compliance with the laws of your state. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the Application: (vii) OneCause does not sponsor, endorse or administer the Promotion; (viii) each participant or entrant in the Promotion releases OneCause from any and all liability and (ix) all questions concerning the Promotion must be directed to you and not to OneCause; (e) that you are solely responsible for ensuring that your and your Users’ login credentials for accessing the OneCause Items remain confidential and are not shared with others, and you are liable for any damages arising from the unauthorized access to or use of the OneCause Items through such login credentials; and (f) as a condition of your use of the OneCause Items, you represent and warrant to OneCause that you will: (i) use the OneCause Items so as not to damage, disable, overburden or impair the OneCause Items, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the OneCause Items; and (ii) not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent; or (4) infringe upon the rights, well-being, beliefs, disposition, orientation or lifestyle of another person or persons.
- Your Content. (a) In using the Applications, Users may be permitted to post, stream, transmit or otherwise provide photos, videos, comments, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content on the Applications (collectively “User Generated Content”). You alone, not OneCause, are responsible for monitoring the User Generated Content to ensure compliance with these Terms. You retain ownership to all User Generated Content but by submitting the User Generated Content to us, you hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content. We shall have the right to “roll up” various benchmarking results of your use of the Applications (“Results”) with results of other customers’ use thereof, for use by us in the ordinary course of our business such as benchmark reporting. The Results shall be aggregated and anonymized and will not be identifiable to any specific donor or user. You warrant to us for our benefit that the holder of any intellectual property right, including moral rights, in your User Generated Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant to us that you will not: (i) provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) create any liability for us or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers; (iii) engage in any conduct that, in our sole judgment and discretion, restricts or inhibits any other user from using or enjoying the OneCause Items; (iv) use the OneCause Items to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt any servers or networks used to provide the OneCause Items or their respective features, or disobey any requirements of the networks we use to provide the OneCause Items; (vi) gain unauthorized access to the OneCause Items, or any account, computer system, or network connected to this application or services, by any unauthorized or illegal means; (vii) obtain or attempt to obtain any materials or information not intentionally made available through the OneCause Items; (viii) use the OneCause Items to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the OneCause Items for fundraising activities is expressly permitted; (ix) engage in advertising or commercial solicitation of any product or service without our written consent, except that using the Applications for fundraising activities is expressly permitted; (x) gather for marketing purposes any email addresses or other personal information that has been posted by other users; (xi) post any identification documents or sensitive information about another person. (b) We have the right but no obligation to monitor User Generated Content and other features of the Applications to confirm your compliance with these Terms and any other operating rules established by us. We may in our sole discretion edit, refuse to post, or remove any User Generated Content submitted or posted through the Applications. Subject to our rights to use or remove User Generated Content as described herein, we do not control any User Generated Content or materials that you or other Users provide. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the User Generated Content, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content. We are not responsible for any offensive, defamatory, obscene or any other posting made through the Applications. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion is inappropriate, objectionable or in violation of these Terms. Any User who feels that a posted message is objectionable is encouraged to contact us immediately by email at firstname.lastname@example.org. (c) We are a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserve our rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Applications. The Digital Millennium Copyright Act of 1998 (“DMCA”) and the Canadian Copyright Act provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under, as applicable, U.S. and Canadian copyright law. If you believe in good faith that materials posted on the Applications infringes your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and/or the Canadian Copyright Act, as applicable, and be sent to email@example.com (d) By using the OneCause Items, you agree that we shall not be responsible for any losses or damages incurred as a result of using the OneCause Items, and you expressly waive any claim for such losses and damages relating in any way to your use of the OneCause against us and our officers, employees, shareholders, employees, agents and representatives.
- Intellectual Property. (a) The OneCause Items, and all technology underlying the same, and any updates, modifications and derivative works to any of the foregoing, are owned by us. Unless otherwise noted, the design and content features on the Applications and other OneCause Items, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof, and all intellectual property and proprietary rights appurtenant thereto (collectively, the “Application Information”), are owned by OneCause or its affiliates, if any, or are licensed by OneCause from third parties. The OneCause Items, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved. The trademarks, logos, and service marks (“Marks”) displayed on the OneCause Items are registered trademarks of their respective owners, are the property of their respective owners, or are otherwise protected by U.S. and international trademark laws. Their uses are restricted to programs, events, products, or services that OneCause sponsors or with which we are otherwise affiliated. Our Marks may not be used by you for personal financial gain. Use of our Marks is prohibited without our express written consent. Nothing contained on the OneCause Items should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without our prior express written consent. No portion of the OneCause Items may be reprinted, republished, modified, or distributed in any form without our express prior written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to OneCause Items. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the OneCause Items and you must retain all copyright, trademark, service mark and other proprietary notices contained on the One Cause Items on any authorized copy you make of the OneCause Items. (b) You agree that submission of any ideas, suggestions, documents, or proposals to us through its feedback channels (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. You may send feedback through firstname.lastname@example.org.
- Disclaimers of Warranties. (a) The OneCause Items are provided “as is” with all faults. OneCause expressly disclaims any warranty or condition with regard to the OneCause Items and your use of them including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement and OneCause makes no warranty (i) that the OneCause Items will meet your requirements, (ii) that your use of the OneCause Items will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the OneCause Items will be accurate or reliable, (iv) the quality of any functions made available through the OneCause Items will meet your expectations, (v) any errors in the OneCause Items will be corrected; (vi) that there will be no loss or breach in the security, integrity or availability of any information or data, or (vii) that no viruses will be transmitted through access to or use of OneCause Items. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, any User Generated Content) or user communications. Any material downloaded or otherwise obtained through the use of the OneCause Items is accessed at your own risk, and you are solely responsible for any damage to your computer system or mobile device that results from the use of any such material. The OneCause Items may contain errors or omission or may be out of date. (b) OneCause does not guarantee that bids, purchases, contributions, or other donations made through the OneCause Items will be transmitted successfully and it is your responsibility to confirm all such activity. The OneCause Items may, without prior notice, be changed, deleted or updated at any time.
- Suspension or Termination of Your Use of the Applications. These Terms will commence on the date you first access and use any OneCause Items and remain in full force and effect indefinitely except as provided herein. We may suspend or terminate your access to the OneCause Items at any time with or without reason. You agree that all terminations of these Terms are made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or your access to the OneCause Items. If you want to terminate your receipt or use of the OneCause Items, you may do so by following the application delete procedures within the Applications. Your obligations and warranties to us under these Terms shall survive all termination hereunder.
- Indemnification. (a) By One Cause. We will defend you and hold you harmless from and against any third party claim brought against you alleging that your permitted use of the Applications constitutes an infringement of any third party U.S. or Canadian patent, trademark, trade name, trade secret, copyright, or other U.S. or Canadian intellectual property rights (other than a claim with respect to User Generated Content). If your use of the Applications hereunder is, or in our opinion is likely to be, enjoined due to the type of infringement specified above, we may, at its option and expense, obtain a license for the continued use of the Applications or modify the Applications so that it provides substantially equivalent functions and is no longer infringing, or, if neither of the foregoing alternatives are implemented, we may terminate your right to use the allegedly infringing Application. The foregoing states OneCause’s sole obligation and your sole remedy for intellectual property infringement hereunder. (b) By You. You will indemnify, defend and hold OneCause and its affiliates, if any, and their respective officers, directors, employees and agents, (“OneCause Parties”) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use, misuse or abuse of the OneCause Items; (ii) your User Generated Content; or (iii) your breach of these Terms. You will cooperate as required in OneCause’s defense of any claim. (c) Notice of Claim and Procedure. The party seeking indemnity shall promptly notify the indemnifying party in writing of any claim subject to the indemnifying party’s indemnification obligation hereunder, and the indemnifying party shall promptly assume the investigation and defense thereto, including engaging counsel and the payment of all expenses. The indemnified party may employ separate counsel in any such action and participate in the investigation and defense at its own cost unless (i) the employment of such counsel has been authorized by the indemnifying party in writing; or (ii) the indemnifying party fails after fifteen (15) calendar days following notice of such action to assume the defense and to employ counsel; or (iii) the named parties to any such action (including any impleaded parties) include both the party seeking indemnity and an indemnifying party, and the party seeking indemnity shall have been advised by such counsel that there may be one or more legal defenses available to it which are different from or additional to those available to the indemnifying party. If the party seeking indemnity notifies the indemnifying party in writing that the party seeking indemnity elects to employ separate counsel in accordance with the foregoing provision at the expense of the indemnifying party, the indemnifying party shall not have the right to assume the defense of such action on behalf of the party seeking indemnity and without limitation on the other obligations of the indemnifying party, shall pay the attorneys’ fees of the party seeking indemnity from time to time (but no less frequently than quarterly) during the course of the defense of such action.
- Limitation of Liability. NEITHER ONECAUSE NOR ITS SUPPLIERS SHALL BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, BUSINESS OR PROFITS, OR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE ONECAUSE ITEMS WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT, OR NEGLIGENCE IN CONNECTION WITH THESE TERMS OR THE ONECAUSE ITEMS PROVIDED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONECAUSE’S LIABILITY FOR ACTUAL DAMAGES WILL NOT IN ANY EVENT EXCEED THE LESSER OF THE FEES PAID HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING ACCRUAL OF THE UNDERLYING ALLEGED CLAIM OR $1,000. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY TO MEET ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.