qikSo inc. is a crowd-funding platform for people and organizations to raise support for charitable causes. qikSo’s core principles are that people have unprecedented power to use the power of networks to leverage their personal capacity and that raising money for charity and giving back should be fun. qikSo’s custom-built platform and game theory, as well as the company’s proven record of designing innovative crowd-funding strategies, provide individual fundraisers, charities, and events with powerful tools to raise the most money for their causes and share compelling philanthropic stories with their personal networks. The site lets anyone turn their friends into an active base of donors for virtually any cause and lets any organization, company, or event unlock untapped leverage out of their existing platform.
Our lawyer insists that you read and agree to the qikSo Terms and Conditions. Here comes some real important stuff in bold text.
These terms and conditions govern qikSo's (“we”, or “our”) relationship with you when you use the qikSo website, https://www.qikso.com/ ("site") and any and all services available on or through the site or otherwise provided by qikSo, including any widget provided by qikSo (collectively, the "services"). By using or accessing the site, services or a widget, whether manually or through automated means, you agree to these qikSo terms and conditions ("terms"). These terms apply to you if you are a fundraiser, charity, donor, event organizer, event registrant or any other user of the site and/or services (collectively, "users" or "you"). If you choose to not accept these terms, we won't be mad at you but it means you can't use the qikSo site or the services. Since we don't ever want that to happen, be sure to contact us if you have any questions about anything in the world.
However, to be eligible to use the services and access the site, you must: (1) be over the age of majority in the jurisdiction in which you live (i.e. at least 18, and in some cases 19); (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another member’s account without her/his permission.
Access to the site and services from territories where the site and/or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.
- Our role. The purpose of our site and services is to help individuals, entities or organizations raise money, but we do not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the site or services is not a solicitation of donations by qikSo, and qikSo does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. In order to ensure that qikSo does not go out of business (GOB) and to provide you with the very best experience and customer service, qikSo charges certain fees for donations and event registrations made on or through the site. All of qikSo's fees are explained on our pricing page, which is incorporated by reference into these terms.
- Becoming a Member. It is easy to become a member of our community by following the steps on the site. When you join, you will be asked to select an account type (either “personal” or “non-profit”). Either type of account may be used to raise funds, although you may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service.
- User Names. You may need a username and password to use certain features of the site and services and you may create certain URLs when you establish a profile, fundraiser, event, or charity page. By selecting a user name and any particular URL you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that qikSo, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit qikSo to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of qikSo. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify qikSo immediately of any unauthorized use of your password or account or any other breach of security. qikSo assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. qikSo has the right to reclaim any user names or URLs for any reason.
- Accurate Information. You agree to: (a) provide accurate information as prompted on the site or through the services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or qikSo has reasonable grounds to suspect that such information is inaccurate, qikSo may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services.
- Relationship of qikSo. By using this site you understand and agree that qikSo shall not be responsible for any losses or damages incurred as a result of the fundraising campaigns or events. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, and third parties), you hereby release qikSo, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service.
- Events.qikSo provides a service through the site that allows users to register for events, such as marathons, walks, rides, and other events (collectively, "Events") which may require a registration fee, as determined by the organizers of these events ("Event Organizers"). Event Organizers may establish a page on the site which provides details about their event and provides the ability to collect event registration fees through the site.
Additional Terms for Fundraisers
Any individual, entity or organization that registers as a member and raises funds through the site or the services (“fundraisers”) is subject to the following additional terms of these terms that apply specifically to fundraisers.
By raising funds through the services, you represent and warrant that: (a) you are raising money for a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; and (b) 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 (please be aware that you cannot designate a Charity and specify or direct how that Charity may use funds raised).
Additionally, if you are raising funds for a 501(c)(3) non-profit organization or registered charity (a “Charity”) through the site, you agree that you will comply with all applicable state and provincial solicitation and/or fundraising laws, and you represent and warrant that such Charity: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code or has and will maintain status as a registered charity under section 149(1) of the Income Tax Act (Canada); (ii) is registered with the GuideStar database or, in Canada, is listed in the Canada Revenue Agency’s database of registered charities; and (iii) has authorized you to raise money on its behalf through the site. If you are raising funds for another purpose, as may be permitted under these terms, you represent and warrant that you can meet all user eligibility requirements for the services. For residents of the U.S. this includes having a social security number or an EIN and a U.S. bank account.
- Special Notices for Charities. qikSo offers two different subscription and usage options to Charities, each with its own transaction fees. We made this gorgeous chart of Charity Account Types to make it really easy to see the pricing options and benefits.
- Once a Charity selects a usage option, that account will renew automatically unless the Charity provides at least thirty (30) days’ notice that they do not wish to renew their Tre Account subscription. By signing up for any such plan, the Charity agrees that the account will be subject to this automatic renewal feature and all applicable fees unless and until a permitted cancellation. All fees are non-refundable for the then-current subscription period. Charity hereby authorizes us to charge the account and billing method on file for all applicable fees under the subscription account.
- You acknowledge that certain data available or otherwise accessible on or by means of the site or services concerning the list of United States based 501(c)(3) charities to which you may make a donation is provided by GuideStar USA, Inc. ("GuideStar"), a third party licensor of qikSo. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you and qikSo, you acknowledge and agree that GuideStar (and its successors and assigns) is an intended third party beneficiary with full power and authority to enforce the provisions of these terms only insofar as it relates to data provided by GuideStar. You agree that qikSo may share any information provided by you with GuideStar to the extent that GuideStar reasonably needs such data to enforce its rights related to your use of any GuideStar Data.
- If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in qikSo’s searchable database, you may contact us at email@example.com to request that your Charity be removed. Your email should include your full name, title, and an email address and phone number associated with that Charity. Please note that if your Charity is removed from the qikSo database, it will not be eligible to receive contributions through the qikSo platform.
- Creating and Posting a Campaign. Any fundraiser may create and post a campaign to showcase and share certain information about the campaign and elicit financial contributions ("Donations") from other members by following the subsequent procedure and rules: 1.Create a campaign profile page and post a "Funding Request." You may be required to provide payment information depending on how donations are made.
If you create a campaign, you represent and warrant that you: (a) are the authorized representative of the Beneficiary with the authority: (i) to solicit donations for the Beneficiary; and (ii) to bind the Beneficiary to the terms of this Agreement; and (b) will ensure when donations are not made directly to the account of the Beneficiary that all donations are disbursed properly and legally to the Beneficiary and all donations are used as described by the campaign. For greater certainty, all donations to a Beneficiary that is a Charity will be made directly into the Charity’s account.
- Designate the legal entity or person receiving the donations (the "Beneficiary") and ensure the Beneficiary sets up an account with the designated independent payment processor (the "Processor") to receive donations. You may designate yourself as the Beneficiary.
- You may offer non-monetary rewards for donations.
- By using our service, you agree that a third party may join your team and/or choose your campaign as one of its favorites and may add it to the third party's page or list on the site. You may opt-out by changing the settings on your campaign and you may also remove individuals from your team through your settings.
- Receiving Funds. As a Charity, receipt of funds is based on the payment processor, as described below. In addition, all Charities will be responsible for any applicable taxes based on their net income or gross receipts (if any).
- Payments to Charities through Network for Good (available only for donations to Beneficiaries in the U.S.). When donors make donations to a Charity through Network for Good, Network for Good sends payments on or around the 15th of each month that include all donations made in the previous month. For example, donations processed in October will be paid to the applicable Charity on or around November 15th. Charities will receive their payments less the Transaction Fees. These payment schedules are subject to change at any time at the sole discretion of qikSo. The money is sent to the address that the Charity has on file with GuideStar.
- Payments to Charities through WePay. If the Charity chooses to receive donations through WePay, the donation will be deposited in the non-profit's WePay merchant account, less the Transaction Fee. Charities have immediate ownership over their donations and can electronically transfer the funds from their account per WePay Terms of Service. At present, Charities in Canada must use WePay as their payment processor.
- Payments to Charities through Stripe Payments™. If the Charity chooses to receive donations through an Stripe Payments™ account, donors will make their donations using the Stripe Payments™ trusted credit card processing service. The donation will be deposited in the Charities' Stripe Payments™ Account less the Stripe Payments™ Transaction Fee per the Stripe User Agreement. Charities have immediate ownership over their donations and can electronically transfer the funds from their Stripe Payments™ Account to their Charity's Bank Account in accordance with their Stripe User Agreement.
- As an individual or entity other than a Charity, receipt of funds is as described below. You will be responsible for applicable taxes based on your net income or gross receipts (if any).
- Payments through WePay. The donations will be deposited in your WePay merchant account, less the Transaction Fee. The fundraiser has immediate ownership over their donations and can electronically transfer the funds from their WePay Account to their Bank Account per WePay Terms of Service. Please consult a tax advisor for any tax questions. WePay will issue a 1099-k as required by applicable law for any fundraising campaigns that raise more than $20,000 or have 200 donations.
- Special Terms for Event Organizers. Event Organizers are subject to the credit card processor's user agreements and privacy policies, as well as the qikSo event registration transaction fees. Event Organizers that use the site and services to process event registrations through Network for Good, WePay or Amazon Payments™ agree to pay qikSo these transaction fees. Event registrations fees will be processed through the Event Organizer's Network for Good, WePay, or Stripe Payments™ Account less the Transaction Fee. Event Organizers have immediate ownership over their event registration fees, less any transaction fees and can electronically transfer the net funds from their Network for Good, WePay, or Stripe Payments™ Account to their bank account per the credit card processor's user agreement. Event Organizers will be responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
Additional Terms for Donors
Any individual, entity or organization that registers as a member and donates funds through the site or the services (“donor”) is subject to the following additional terms of these terms that apply specifically to donors.
- Donor’s Risk. All donations are at your own risk. Please make sure that when you donate to a given individual, Event, Beneficiary or Charity, you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. qikSo does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.
- No Gift Restrictions. Donors are not permitted to impose restrictions on the use of donated funds by a Beneficiary. To the extent that a donation is made in response to an appeal for a particular program of a Beneficiary, or to the extent that a Donor purports to direct the use of donated funds by a Beneficiary, any such directions shall constitute non-binding recommendations only and the Beneficiary shall have full discretion to determine how all donated funds will be used.
- Donor Commitments. By donating money through the site, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations to Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (ii) designated donation and registration amounts and Transaction Fees will be charged to the credit or debit card or other payment method you use through Network for Good, WePay or Stripe Payments™; (iii) all donations are final and non-refundable; and (iv) event registration fees are subject to the Event Organizer's refund policy.
- Our Partnerships with Network for Good, WePay and Amazon Payments™.qikSo has partnered with Network for Good, WePay and Stripe Payments™ to make raising money and donating to charities easy and seamless. All charities in the U.S. have the option of using Network for Good, WePay or Stripe Payments™ to process donations made through the site (Network for Good is the default choice). The manner in which transactions are processed is explained below. Currently, all event registrations are processed through Network for Good, WePay, Stripe Payments™ and Authorize.net. Charities in Canada are required to use WePay to process donations.
- Network for Good, in technical terms, is treated as a "donor advised fund," a 501(c)(3) organization that collects contributions from donors and distributes such contributions to 501(c)(3) organizations in good standing with the IRS as recommended by you, the donor. Network for Good is not a pass-through organization. All donations made through Network for Good's credit card processing go directly from the donor to Network for Good, and then to the Charity as described below. In order to comply with federal tax laws and Internal Revenue Service regulations, Network For Good exercises exclusive legal control over the donations it receives, and retains the exclusive authority and discretion to re-grant the funds to other charitable organizations as it sees fit. While it is highly unlikely, it is possible that you may recommend a charity that is not in good standing with the IRS or a state regulatory agency, or otherwise does not meet Network For Good’s criteria. In that event, qikSo reserves the right, in its sole discretion, to select an alternate Charity to receive your donation, or to ask you to recommend an alternate charity. Donations made through Network for Good are governed by the Network for Good privacy notice and Network for Good user agreement. When Network for Good processes a donation through the site, the donation will be forwarded to the charity of your choice, but Network for Good will appear on your credit card statement. For greater certainty, Canadian Charities cannot process Donations through Network for Good and Canadian Donors will not receive official donation receipts for Canadian tax purposes for donations to Network for Good.
- WePay. When WePay processes a donation through the site, the donation will go directly from the donor to the non-profit's WePay merchant account. Donations will appear on the donor's credit card statement under the name of the non-profit to whom they contributed.
- Stripe Payments™. When you make a donation through Stripe Payments™ qikSo does not collect or store your credit card information. All donations processed through Stripe Payments™ go directly from the donor to the non-profit's Stripe Payments™ account, and will be governed by the Stripe User Agreement and Stripe Payments™ Privacy Notice.
- Tax Deductions.qikSo makes no representation as to whether all or any portion of your donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. qikSo will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any qikSo user or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your donation.
- Donor information. Donors shall provide qikSo with such information as is required to enable the issuing of an official donation receipt.
Additional Terms for Canadian Charities
- Official Donation Receipts. Charities in Canada have the option of appointing qikSo to issue official donation receipts on the Charity’s behalf for Donations to the Charity through the qikSo site. Charities that do so understand and acknowledge that the Charity is responsible under the Income Tax Act to ensure that all receipts are issued in compliance with applicable law. A Charity may at any time rescind its appointment of qikSo in this capacity, at which time qikSo will immediately cease issuing receipts on behalf of the Charity.
- Required Information. Charities in Canada that appoint qikSo to issue receipts on their behalf must provide qikSo with the following information, and must notify qikSo immediately of any changes to the information below:
- Current head office address as recorded with the Canada Revenue Agency;
- Name of representative duly authorized by the Charity to sign official donation receipts;
- Reproducible jpeg image of signature of authorized representative that can be affixed to official donation receipts;
- A description and the fair market value of any and all prizes, rewards or other benefits provided to Donors in respect of Donations to the Charity through the qikSo site, which shall be used to determine the eligible amount of the gift for receipting purposes. For greater certainty, the value of any such benefits shall be subtracted from the fair market value of property gifted to the Charity to determine the eligible amount of the gift.
- Representation of qikSo inc. Subject to the obligations of the Charity set out herein and in particular paragraph 4 below, qikSo represents and warrants that it will issue tax receipts in accordance with the requirements of the applicable Canada law.
- Reliance on Information Provided. qikSo will rely wholly on the information provided by the Charity or its representatives in order to prepare official donation receipts, as well as information supplied to it by Donors when making Donations. qikSo inc. is not responsible to verify any information provided to it by the Charity, any representative of the Charity, or any Donor. The Charity acknowledges this and agrees that qikSo shall not be responsible for any incorrect information included on an official donation receipt, or for any tax or regulatory consequences resulting from the provision of incorrect information by the Charity, any representative of the Charity, or any Donor.
- Records. All Canadian registered charities are subject to record-keeping obligations under Canadian law. Each Canadian Charity is responsible to ensure that it maintains such records as are required under applicable law. This includes a requirement to maintain copies in Canada of all official donation receipts issued and records to verify donations received. A Canadian Charity can select to have qikSo copy the Charity on all emails sent to donors on the Charity’s behalf which contain an official donation receipt. Each Charity can also access donation reports and copies of all official donation receipts issued on that Charity’s behalf by logging on qikSo’s secure site, and can print these documents manually. Canadian Charities can also access reconciliation reports from WePay pursuant to WePay’s Terms of Service.
- Form of Receipt. A Charity on behalf of which qikSo issues official donation receipts may at any time request a copy of the form of receipt being issued and may direct qikSo to revise the form of receipt as necessary to ensure compliance with applicable law.
- Transaction Fees on Donations. When a donation is made through qikSo, a transaction fee is deducted from it. These fees are set forth here on our pricing schedule . Donors also have the option of electing to pay these transaction fees so 100% of their donation goes to the cause. When donors do choose to cover the Transaction Fees for a charity, those fees are tax deductible to the extent permitted by law.
- Pricing Guarantee. Like Kiva and Donors Choose, donors are given the option to cover the transaction fees so 100% of their donations goes to the cause. If all your donors choose to cover the fees, every penny you raise will go directly to your cause. If your donors don't cover enough of the fees to bring you to your guaranteed pricing, qikSo will make up the difference. For example, if you’re on The Tre plan, then on a $100 donation, you'll keep at least $97 -- probably more but we will guarantee it's at least $97. And, all of this includes credit card fees. So, while nearly every other crowdfunding site will charge you more than 8% in total fees, your fees using qikSo will be no more than 3%. And, based on the current data, it’ll probably be under 2%. Amazing, right. The pricing guarantee excludes individual donations that are $1000+, excludes event registration fees, and excludes fundraising minimum makeup donations. Hundreds of thousands of individuals and thousands of charitable organizations and events, including the Boston Marathon, New York Marathon and UNICEF all use the guarantee pricing structure.
- Transaction Fees for Event Registration. When you use the site and services to register for an Event, qikSo charges an Event registration transaction fee that is equal to 4.25% of the registration fee, plus $1.00 per registration.
- Chargebacks and Refunds. Occasionally, a donor or event registrant may dispute a credit card charge for a donation through the qikSo site.
- If donations are refunded to the donor by Network for Good and Network for Good already remitted payment to the charity, Network for Good will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the applicable charity and the applicable Charity expressly agrees that it will be responsible to pay Network for Good the full amount of the refunded donation. If such donations were made through WePay or Amazon Payments™, the Charity has sole control over the donations and is responsible for issuing refunds and handling chargebacks. All issues concerning chargebacks and refunds will be addressed by the applicable payment processor and not qikSo.
- All refunds for event registrations are handled exclusively by Event Organizers. qikSo is not responsible for handling or communicating an Event Organizer's refund policy or processing refunds, including for any errors processing a refund, the failure to provide a refund, the failure of an Event Organizer to communicate about a refund, or any chargebacks related to a refund. Simply put, you have to deal with an Event Organizer concerning a refund and Event Organizers agree to deal exclusively with event registrants concerning refunds. Sorry. Blame the mean lawyer.
- Fundraising Minimums. Charities and/or Event Organizers may require their fundraisers/ participants to agree to raise a certain amount of money ("Fundraising Minimum") by a certain date ("Fundraising Minimum Deadline"). Users subject to the Fundraising Minimum are required to agree that they will raise the Fundraising Minimum by the Fundraising Deadline. Any shortfall between the actual amount raised and the Fundraising Minimum ("Fundraising Minimum Makeup") will be automatically charged to the user's credit card on the date of the Fundraising Minimum Deadline. The user's credit card will be authorized at the time they agree to be subject to the Fundraising Minimum; however, the card only will be charged in the event of a Fundraising Minimum Makeup. The Charity or Event that requires its users to agree to a Fundraising Minimum solely are responsible for authorizing the charge for the Fundraising Minimum Makeup. Any issues, disputes or questions related in any way to a Fundraising Minimum, Fundraising Minimum Deadline and/or Fundraising Minimum Makeup are between the applicable user and the Event or Charity. The User, Event, and Charity all expressly agree that qikSo shall have no responsibility or liability related in any way to Fundraising Minimums.
- Ownership of the site, Site information and services. The site and services and all technology underlying the same are expressly owned and operated by qikSo. Unless otherwise noted, the design and content features on the site and services, 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 (collectively, the "Site Information"), are owned by qikSo or its affiliates, if any, or are licensed by qikSo from third parties. The site and services, 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 site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that qikSo sponsors or with which we are otherwise affiliated. qikSo's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without qikSo's express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without qikSo's express written consent.
- No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without qikSo's express 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 the site, services or any of the Site Information.
- You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.
- Widgets. Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a “Widget”). Subject to your compliance with the terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
- Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale;
- Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
- Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or
- Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our site.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to qikSo through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that qikSo has 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 qikSo 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.
- Use of Site. To the full extent permitted by law, the site, services and the Site Information are provided "as is" with all faults. Your use of the site, services, and the Site Information is at your own risk. The site, services or Site Information may contain errors or omission, or may be out of date. The site, services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the service or the site, you promise to:
- 1.a. Use the service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the site and services;
- 2.b. Use the service so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the service; and
- 3.c. 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; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
- Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on qikSo without our prior written consent. You may seek permission by sending an email to support@qikSo.com. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion; (c) you may not use the Marks or any other qikSo intellectual property in the rules or any other materials relating to the Promotion, without qikSo's express written permission; (d) such Promotion does not require making a donation as the only way to enter; (e) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the jurisdiction in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the site: (i) qikSo does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases qikSo from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to qikSo.
- Content. Content. When you are using the site and/or the services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the site or through the services (collectively "User Generated Content"). You alone, not qikSo, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to qikSo, you hereby grant qikSo a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (and waive all 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/or 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.
- You warrant that the holder of any worldwide 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 that you will not:
- 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;
- create any liability for qikSo 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;
- engage in any conduct that, in qikSo's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the site or services;
- use the site or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the site or services or their respective features, or disobey any requirements of the networks qikSo uses to provide the site or services;
- gain unauthorized access to the site, or any account, computer system, or network connected to this site or services, by any unauthorized or illegal means;
- obtain or attempt to obtain any materials or information not intentionally made available through the site or services;
- use the site or services 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 site or services for fundraising activities is expressly permitted;
- engage in advertising or commercial solicitation of any product or service without qikSo's written consent, except that using the site or services for fundraising activities is expressly permitted;
- gather for marketing purposes any email addresses or other personal information that has been posted by other users;
- post any identification documents or sensitive information about another person; or
- create a fundraising campaign involving legal disputes or legal issues or child custody issues.
- qikSo shall have the right, but no obligation, to monitor User Generated Content and other features of the site and services to determine compliance with these terms and any other operating rules we establish. qikSo shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the site or services. We do not control any User Generated Content that you or other users may provide. qikSo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Generated Content, whether it is provided by qikSo, our employees, or a third party.
- Under no circumstances will qikSo be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the site or services. qikSo is not responsible for any offensive, defamatory, obscene or any other posting made through the site or services. 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 qikSo's 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 to info@qikSo.com.
- CrowdRise is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the site or through the services.
- Digital Millennium Copyright Act; Copyright Complaints. Digital Millennium Copyright Act; Copyright Complaints. qikSo respects the intellectual property rights of others and requires those that visit the site and use our network to do the same. qikSo may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others. qikSo also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others' copyrights, qikSo may in its sole discretion terminate those individuals' rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify qikSo'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.
- Suspension or Termination of Your Use of the Site. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms. qikSo has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations shall be made in qikSo’s sole discretion and that qikSo shall not be liable to you or any third party for any termination of your account. If you want to terminate any services provided by qikSo, you may do so by notifying qikSo at any time, with your notice sent, in writing, to our address set forth below. Termination of any service includes removal of access to such service and barring of further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed. All provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but qikSo has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by qikSo, we do not operate, control or endorse any information, products or services on the Internet in any way. qikSo does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk.
- Indemnification. You agree to indemnify, defend and hold qikSo and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from: (a) your use, misuse or abuse of the site, services or the Site Information; (b) your User Generated Content; or (c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in qikSo's defense of any claim. qikSo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without qikSo's written consent.
- DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, QIKSO, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. CROWDRISE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. CROWDRISE ASSUMES 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.
- LIMITATION ON LIABILITY. EXCEPT FOR CONSUMER TRANSACTIONS BY RESIDENTS OF QUEBEC OR AS OTHERWISE PROHIBITED OR RESTRICTED BY LAW, CROWDRISE, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CROWDRISE BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND CROWDRISE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 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 DEPENDING ON WHERE YOU RESIDE.
- RELEASE. YOU HEREBY AGREE TO RELEASE QIKSO, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.
- Security of the Site.qikSo maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems and our volunteers', fundraisers', donors' and Charities' information. For example, for the security of your online visit to the site, qikSo may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while qikSo strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, qikSo will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.
- Electronic Communications. When you visit the site, use the services or send emails to qikSo, you are communicating with us electronically. You consent to receive communications from qikSo electronically. qikSo may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that qikSo provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to qikSo inc. at the following address: 633 Ellington Ave., Hampton, VA 23661. Such notice shall be deemed given when received by qikSo by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Jurisdiction and Governing Law. The following limitations may not be applicable to consumer transactions by residents of Quebec or where otherwise prohibited or restricted by law.
You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Virginia, without giving effect to its conflicts of laws provisions. In addition:
- Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, qikSo may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Delaware law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the site or services.
- Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act (or, if applicable, the Arbitration Act (Canada)) and not any state arbitration law. The arbitration shall be conducted befor