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Terms of Use

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS

WE RESERVE THE RIGHT TO MAKE CHANGES WITHOUT NOTICE TO THE TERMS AND CONDITIONS OF THIS SERVICE AND SITE AND MAY EXERCISE THIS RIGHT FROM TIME TO TIME. WE WILL MAKE AN EFFORT TO ALERT USERS OF THESE CHANGES; HOWEVER, ANY CHANGE WILL BE IMMEDIATELY BINDING WITH OR WITHOUT PRIOR NOTICE.

PROJECTBOOST Terms and Conditions of Use

January 27, 2012

General

Welcome to PROJECTBOOST.org. This Site is owned and operated by PROJECTBOOST, LLC. (‘PROJECTBOOST‘) and is made available on the following terms and conditions. By using PROJECTBOOST.org, you agree to follow and be bound by these Terms and Conditions of Use (the “Terms of Use”) and agree to comply with all applicable laws and regulations.  In these Terms of Use, the words “you” and “your” refer to each customer or Site visitor, “we”, “us” and “our” refer to PROJECTBOOST. And “Services” refers to all services provided by us.  The Terms of Use shall be interpreted according to the laws of the United States of America.

Please also refer to PROJECTBOOST’s Privacy Policy, which is incorporated herein by reference.

PROJECTBOOST is a for-profit social enterprise headquartered in Glen Ellyn, IL. PROJECTBOOST provides a platform for the creation, promotion and management of social projects created to raise funds for micro-causes in local communities.

Changes to the Site

PROJECTBOOST may at any time make alterations to or to withdraw this Site or any part of it.

Using PROJECTBOOST

Projects

PROJECTBOOST.org (“PROJECTBOOST“) is a platform for promotion, fund-raising and commerce. PROJECTBOOST approves Projects submitted by “Project Launchers” who may desire to promote a subject of particular interest and raise funds for a specific local cause. “Boosters” are visitors to the Site who support Projects by buying unique Project apparel or through cash donations.

When you create a Project through PROJECTBOOST, you authorize us to provide the following services (“the Service”) on your behalf. PROJECTBOOST will (1) design and sell a Project specific t-shirt to be sold to visitors of the site (2) accept and process online sales and donations made by individuals or entities through the Service; (3) hold the funds received through these actions in an escrow account; (4) remit funds to the designated beneficiary by check or through products or services equal to 90% of donations and $8 from the sale of each shirt.  As a user of the site, you understand and accept that all fees charged are subject to change at any time at the sole and absolute discretion of PROJECTBOOST.

All funds received by PROJECTBOOST for a User’s project will not be available for distribution until 10 to 15 business days after the close of fundraising.

Following the end of the fundraiser and the subsequent processing period described above, PROJECTBOOST will distribute the proceeds (net of any mandatory payments) to the beneficiary by check.

PROJECTBOOST reserves the right to change the amount of, or basis for determining, any payments, and to institute new payments, effective upon prior notice to you. In addition, from time to time the provided services may change, without prior notice.

Project Launchers

Visitors to the site who desire to launch a promotional campaign and/or raise funds for a cause (“Project Launchers”) must “register” with PROJECTBOOST. As such, you will be required to provide information about yourself and your Project concept that is truthful and current. Additionally, you warrant and represent that (1) you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; (2) you will use all donated funds solely for the purpose you have stated on the Site, and under no circumstances may you use the funds for any other purpose; (3) If you are a non-profit organization you have tax-exempt status under section 501(c)3 of the Internal Revenue Code.

Boosters

Anyone can buy a PROJECTBOOST T-shirt to support a cause. But, by donating, you represent and warrant that (1) you are a U.S. Citizen, 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision; (2) All information you provide to PROJECTBOOST is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and (3) Any donation you make is legal in your jurisdiction. PROJECTBOOST will not be held liable for any loss or damages due to non-compliance. Additionally, by using the PROJECTBOOST service you understand and agree that your use of the Site and use or reliance upon any of the materials through the site is solely at your own risk. While we take reasonable efforts to review the provided information prior to launching a Project, PROJECTBOOST does not guarantee that all information is completely accurate.

Copyrights and Trademarks

This Site as a whole is copyrighted as a collective work, and individual works appearing on or accessible through this site are likewise subject to copyright protection. You agree to honor the copyrights in this site (including the selection, coordination and arrangement of the contents of this site) and in the works available on or through this site.

In addition, trademarks belonging to us or to others appear on or are accessible through this site. The fact that we have permitted you access to this site does not constitute authorization to reproduce our trademarks for any purpose.

By submitting any content to PROJECTBOOST and/or the Site, including message boards, forums and chat rooms, you grant PROJECTBOOST a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, publish and display all such content (in whole or in part) and to incorporate such content in other works in any form, media or technology, whether currently existing or hereafter developed. By submitting any content to PROJECTBOOST and/or the Site, you represent and warrant to PROJECTBOOST that you have the unfettered right to convey such a license to PROJECTBOOST.  You agree that you will not submit any content that (1) infringes upon the intellectual property rights of any other person or entity, unless you have the permission of such person or entity to submit the content and thereby grant the license provided herein, (2) violates the privacy or publicity rights of any other person or entity, unless you have the permission of such person or entity to submit the content and thereby grant the license provided herein, (3) is offensive, obscene, defamatory, threatening or abusive (4) advertises any other site or business or (5) contains computer programming routines or code designed to interfere in any way with the full, proper and timely operation of the Site or any computer system.

Our Intellectual Property

The Site and its content (including but not limited to all text, images and software) are the property of PROJECTBOOST and are protected by United States and international copyright, trademark and/or other laws. In addition, certain information available on the Site is PROJECTBOOST’s trade secret or confidential information designated as such and available only to select persons for limited use. The authorization granted by the Terms of Use to use the Site and its content is a limited license, not a transfer of title, and neither the Terms of Use nor any use of the Site or its contents shall transfer any other right, title or interest in any material or information available on the Site. PROJECTBOOST reserves all intellectual property rights not expressly granted to users under this Terms of Use.

You may not (1) copy, modify, distribute, display, transmit, use or prepare derivative works based upon the Site or any of its contents; (2) remove or alter any copyright, trademark or other proprietary notice from any portion of the Site or any of its contents except where expressly instructed to do so; (3) sublicense, sell, rent, lease, lend, assign, share, transfer or otherwise distribute to any third party any of the contents of the Site, password or other unique access permissions to the Site by any third party; or (e) disassemble, de-compile or otherwise attempt to “reverse engineer” any software contained in or accessible on the Site. “Mirroring” the Site or any of its contents is prohibited. Violation of this policy will result in immediate termination of access and will be subject to all fines and or penalties, including full prosecution as allowable by law.

Your Intellectual Property

You own all your trademarked materials provided by you in connection with your use of the PROJECTBOOST Service. By using the Site, you grant to PROJECTBOOST a nonexclusive, royalty-free transferable, fully paid-up worldwide license to use copy, display, transmit, publish and distribute your trademarked materials for the sole purpose of providing the services described in this User Agreement. You also grant PROJECTBOOST the right to include your name and logo in press releases as well as other announcements on the Site. PROJECTBOOSTobtains no other right, title or interest in your trademarked materials except as set forth herein.

Digital Millennium Copyright Act Compliance

PROJECTBOOST respects the intellectual property rights of others and requires those that visit the Site to do the same. PROJECTBOOST may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site that infringes upon the copyright rights of others. PROJECTBOOST also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.

If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify PROJECTBOOST‘s copyright agent by written notice. The notice should include the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
  • Identification of the location on the Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
  • A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.

PROJECTBOOST‘s copyright agent for notice of claims of copyright infringement on the Site can be reached at following:

United States Corporation Agents, Inc. 6049 West Dempster St. Morton Grove, IL 60053

 

Disclaimers and Limitation of Warranties

By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site. You agree to defend, indemnify and hold harmless PROJECTBOOST and its partners, affiliates and their respective directors, officers, employees, agents, successors and assigns from and against all claims, actions, demands, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising from or relating in any way to your use of the site.

References and links to products and services belonging to third parties are provided for your convenience and do not represent our endorsement of such products or services. Materials accessible from or added to this site by third parties, such as comments posted in discussion groups, are strictly the responsibility of the third party who added such materials or made them accessible. While we reserve the right to monitor third-party discussions and to remove materials that we believe are inappropriate, we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material contained in or linked to this site.

THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION CONTAINED ON, ACCESSIBLE THROUGH OR DERIVED BY YOU FROM THIS SITE AND WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THIS SITE. WE LIKEWISE DISCLAIM ANY AND ALL LIABILITY TO YOU ARISING OUT OF INTERRUPTION OR DAMAGE TO YOUR COMPUTER SYSTEM OR SOFTWARE AS THE RESULT OF ACCESSING OR OTHERWISE USING THIS SITE. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF YOUR USE OF THIS SITE. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE THE TOTAL OF THE FEES THAT YOU HAVE PAID FOR PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM US THROUGH THIS SITE.

Indemnification

You agree to indemnify, defend and hold PROJECTBOOST and their respective directors, officers, shareholders, employees, agents, partners, affiliates, attorneys, advertisers and publishers (Collectively, “Our Affiliates and Partners”) harmless from any liability, loss, claim of expense, including reasonable attorneys’ fees, related to your access to or use of the Site or violation of these Terms of Use.

Communicating with you

You agree that PROJECTBOOST may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purpose(s) as we deem appropriate. You also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer Concerning Tax Deductibility of Donations

To the extent permissible by law, PROJECTBOOST expressly disclaims any and all other warranties and makes no representation as to whether online donations are tax deductible. PROJECTBOOST shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any user on any applicable federal or state tax return.

Inappropriate Content

When accessing this Site, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that is (1) libelous, defamatory, obscene, pornographic, abusive or threatening; (2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; PROJECTBOOST reserves the right to terminate or delete such material from its site.

Children

The Site and the Services are not intended for or directed to users under the age of 13. To register for any Services offered on Site, you must be 13 years of age or older. If you are under the age of 13, you only may use Site with permission from your parents or guardians. PROJECTBOOST does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to PROJECTBOOST. If a child under 13 submits information through any part of Site, and PROJECTBOOST becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

Links to Other Web Sites

PROJECTBOOST.org may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such websites, we are not responsible for the programs available from, content in or opinions expressed at such sites, and we do not investigate, monitor or check. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk.

Fees and Payments

Use of the PROJECTBOOST site is free, but PROJECTBOOST does offer visitors two options to support our Projects. You can either purchase apparel and/or make a donation. For Project donations, PROJECTBOOST charges a fee of 10% per transaction (which includes credit card processing fees). Therefore, 90% of all donations will go to providing a Boost to that specific Project. Regarding apparel sales, $8 from each shirt sale will be allocated to the Project.

Termination of Access

This Agreement is effective and valid unless terminated by you or PROJECTBOOST. The Agreement will automatically terminate if you fail to comply with the limitations described herein or in the applicable Specific Terms. We reserve the right to change the contents of this site or to discontinue it at any time without warranty, as well as the right to deny access to the site to any person whom we have reasonable grounds to believe may be using the site for an unlawful or unauthorized purpose.

Governing Law; Venue

By using this Site, you expressly agree that your rights and obligations shall be governed and interpreted in accordance with the laws of the state of Illinois, without regard to its choice of law rules.  Any legal action or proceeding shall be instituted in a State or Federal court in Illinois, and in DuPage County.


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