Effective: October 1, 2021
Site Ownership and Background
The Site contains certain pages providing content, information, features, and materials regarding products and services (collectively, "Content").
This Site is owned by Team Forbidden, LLC. ("Team Forbidden"). Users of the Site use the Site to view information about related products and services that are offered by Team Forbidden and may submit information to Team Forbidden regarding its use of the products and services. The products also include downloadable software (the "Software"), the use of which is subject to a separate license(s).
Participation in the Site as a Site User does not provide You with any ownership right in this Site, except as expressly provided in these Site Terms and Conditions. Except as otherwise expressly provided herein, all intellectual property rights associated with this Site - including, without limitation, Site presentation, Site fundraiser material, Site organization and structure, visuals and graphics; user navigation; programming; software code; manuals; guides; software information; any copyrighted, trademarked and patented information and processes - are retained and reserved by Team Forbidden.
Content License and Restrictions
The Content provided in the Site represents valuable proprietary and intellectual property and financial information. Such Content is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You shall not reproduce, distribute, derivatives of, copy, publish, sell, or license any such content, except as expressly permitted in these Site Terms and Conditions. Other than as specifically directed and allowed on the Site, any attempt to download, or to print, publish or maintain a significant portion of Content from the Site, to distribute copies of such Content, to modify or reuse the Content or to otherwise exploit the Content in violation of the intellectual property or proprietary rights of Team Forbidden or others is strictly prohibited by these Site Terms and Conditions. Except as expressly permitted in this Section, you shall have no right to use any brand, logo, trademark or other mark of Team Forbidden or any Team Forbidden subsidiary or business division, without the express written permission of an authorized Team Forbidden representative.
Use of the Site:
You may not use the Site for any unlawful purpose or in any way that might harm, cause injury or other damage or disparage any other party. Without limiting the preceding sentence and by way of example,
You may not:
Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of an action, including, but not limited to, providing misleading information to any system employed through the Site;
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
Attempt to gain unauthorized access to the Site, logins and passwords of others, identifiers, or computer systems and networks connected to the Site;
Permit anyone other than your authorized agent to gain access to or use the Site on your behalf, identifiers, or your logins and passwords;
Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret right, publicity right, confidential information right, copyright or other proprietary or contractual rights of any party;
Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations or any judgments or court orders to which You are subject; or
Reverse engineer, decompile or disassemble the Site or any software.
Without serving as limitation, You will:
Comply with all notices, instructions and rules posted on the Site; and
Implement all Internet access and all security procedures required to use the Site at Your sole expense.
Comply with all applicable federal, state and local laws, statutes and regulations in the performance of Your obligations under these Site Terms and Conditions.
We allow you to verify your mobile phone number with us for identification purposes. You agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Further, when setting up your account, if you attempt to verify your mobile phone number, you agree to receive automated text messages related to your account from or on behalf of us at the mobile phone number provided. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
Your Content and Information
Team Forbidden shall claim intellectual property rights ownership in any original content and information you create and subsequently submit, provide or post to the Site, including without limitation any information or content You transmit by e-mail to Team Forbidden or others or that You submit ("User Content"). Team Forbidden retains and reserves all intellectual property rights for such materials that contain pre-existing materials or information. You agree that You are solely responsible and liable for User Content, including among other things for the accuracy, completeness, legality and integrity of User Content. You also represent and warrant that the User Content (i) is true, current, correct, and complete; (ii) does not violate any contract, law, rule, order, judgment or regulation to which the User Content may be subject; and (iii) does not contain links, descriptions, terms, directions, signals or messages that could lead to a circumvention of sales revenue or fees, if any, due Team Forbidden for transactions that result from or arise out of the Site. You also represent and warrant that You have provided Team Forbidden with all necessary rights to display, publish and make the User Content available through the Site. By submitting, transmitting, or posting content or information to the Site, You grant Team Forbidden exclusive, licensable, worldwide, perpetual, royalty-free, and irrevocable rights and licenses to exercise all copyright and publicity rights with respect to User Content (and in addition, any other rights necessary to display the User Content on the Site) and to use the User Content in providing products and services to You at Your request.
Links to and/or from the Site
From time to time, the Site may contain links to third-party Web sites not controlled by Team Forbidden. Team Forbidden provides such links as a convenience to You, and in no way endorses such third party sites. You acknowledge and agree that Team Forbidden is not responsible and shall not have liability for any aspect of the information or content contained on any third party sites accessible or linked to the Site. You shall not "frame" or "mirror" or otherwise provide through the Internet or other means to others any content or information contained on or accessible from the Site without the prior written approval of Team Forbidden and its applicable licensors.
We use Payment Processors to process Donations for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, an Organizer or, if not the same, Beneficiary (collectively "Withdrawing Entity") will be required to provide the Payment Processor information regarding bank account information ("Withdrawing Account"). You, as a Withdrawing Entity, represent and warrant to the Payment Processor and us that such information is true and that you are authorized to use the applicable Withdrawing Account.
By setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Services as well as any and all applicable terms set forth by the applicable Payment Processors. Our current Payment Processor is Stripe, Inc. (Stripes terms of service).
Our fundraiser infrastructure is offered to allow an individual, entity or non-profit organization to administrate a fundraiser (“Fundraiser”) to accept monetary donations ("Donations") from donors ("Donors") on behalf of the beneficiary of the Fundraiser ("Beneficiary"). Neither the Organizer nor the Fundraiser will provide goods or services in exchange for Donations.
We are not a payment processor and does not hold any funds. Instead, we use third-party payment processing partners to process Donations for a Fundraiser ("Payment Processor"). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.
Although there are no fees to Organizers to set up a Fundraiser, please keep in mind that transaction fees, including credit and debit charges, are deducted from each donation (hereinafter and on the website referred to as "Transaction Fees").
Self Managed Campaigns: The campaign is managed exclusively by the beneficiary and they receive 100% after Stripe processing fees.
Fully Managed Campaigns: The campaign is managed by Warfork. The percentage after Stripe processing fees is negotiated based on the campaign requirements.
We provide infrastructure for your Fundraiser
We are not a Broker, Financial Institution, Creditor, or Charity. The Services we provide are exclusively infrastructure. We facilitate the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. We are not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by us relating to our Services is for informational purposes only, and we do not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Fundraisers, Charities (defined hereinafter), Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
We have no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Fundraiser.
Our platform is offered to help Organizers raise money. By using the Services, you understand and agree that we shall not be responsible for the use of your Donations or the amount of funds raised for the User or Fundraiser.
All Donations are at your own risk. When you make a Donation through our infrastructure, it is your responsibility to understand how your money will be used. We are not responsible for any offers, promises, rewards or promotions made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please e-mail us about the Fundraiser to alert our team of this potential issue and we will investigate.
Donors are not permitted to impose restrictions on the use of Donations. To the extent that a Donation is made in response to an appeal for a particular program of a Charity, or to the extent that a Donor purports to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all Donations will be used.
We make 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. We 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 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.
Certain states require written disclosures for Charities soliciting contributions. For Donors making Donations to Charities, please see the state non-profit disclosures for those Charities.
Steam inventory items have no monetary value and are typically graphics, photos, videos, and\or images. They are subject to the Steam Subscriber Agreement.
You, as an Organizer, represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary, you relinquish control of the Donations; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer to provide goods or services in exchange for Donations. You authorize us, and we reserve the right, to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser or law enforcement, and to assist in any investigation thereof.
If you use our infrastructure as an agent of a Charity to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds for the Charity and bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States); and (e) if your Charity is in the United States, your Charity is registered with GuideStar or the IRS tax exempt organization database.
Our infrastructure include the features and services described here. All Donations are subject to a Transaction Fee for each Donation.
Chargebacks and Refunds
Occasionally, a Donor may dispute a credit card charge for a Donation through the infrastructure. If Donations were made through Stripe, the Charity has control over the Donations and Charity. Stripe is responsible for issuing refunds and handling chargebacks directly with Donors.
Removal of a Charity from our Database
If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in our searchable database, you may contact us at [email protected] to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from our database, it will not be eligible to receive contributions with our infrastructure.
As a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities” below. We are not a payment processor and do not hold funds.
We do not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
Donor Lists and Other Data
A Charity may access information about an Organizer of a Fundraiser for the Charity, Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. It will be accessible through the infrastructure through the end of the year, after which, the data will not be available. Please contact [email protected] with any questions. "Donor Data" means a Donor’s name, address, email address, Donation amount, date of transaction, transaction identification number, and name of the project (if available). THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S FUNDRAISER THROUGH THE INFRASTRUCTURE (“DONOR LISTS”) IS PROVIDED "AS IS," AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN.
It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the infrastructure. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to the Services
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Public Content; Public Display of Information and Donations
Please be advised that User Content and other information, solicited or unsolicited, that you provide to us may be publicly accessible, such as information you post in forums, comment sections, or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, "Other Information"). By sending us Other Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (b) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (c) you agree that we will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Other Information; (e) to the extent necessary, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) 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 Other Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against us and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.
You acknowledge and agree that we may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our Users or the public.
You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a "Promotion") on or through the infrastructure.
You are not permitted to offer any good or service in exchange for a Donation.
You acknowledge that we have no obligation to you to retain data relating to any account or Fundraiser. You acknowledge we reserve the right to delete data or to terminate accounts or Fundraisers at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Fundraisers or accounts started by Charities on our infrastructure, in which case we will provide reasonable notice where possible.
You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. If you are not the Beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by us. This list is not exhaustive and we reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the infrastructure, remove the offending User Content, suspend or terminate your account, stop payments to any such Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, you agree and represent, warrant and covenant:
not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving:
the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
any election campaigns that are not run by a registered organization within the supported country;
User Content or Fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible;
drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
knives, explosives, ammunition, firearms, or other weaponry or accessories;
annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
gambling, any activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by us;
credit repair or debt settlement services;
the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Fundraiser;
publication of User Content (such as mug shots), where we deem, in our sole discretion, that the primary purpose of posting such User Content is to cause reputational harm;
the sale or resale of a good or service;
the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
the unauthorized sale or resale of brand name or designer products or services;
the sale of goods or services that are illegally imported or exported;
processing, where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
the collecting or providing of funds for any purpose other than as described in a Fundraiser description;
any other activity that we may deem, in its sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
any other activity that we may deem, in its sole discretion, to be unacceptable.
not to use the Services to transmit or otherwise Upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or its Users to any harm or liability of any type;
not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
not to harvest, collect or publish personally identifiable information of others;
not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
not to 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;
not to engage in any conduct that, in our sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Services;
not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
not to attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant and covenant:
not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by us from time to time;
to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for us to verify compliance with these Terms of Service and make such records available to us upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority;
and at our request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by us, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.
We reserve the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or us, or that expose you, us, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal or contractual obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide us information regarding the Donor’s credit card or other payment instrument ("Payment Instrument") that is linked to the Donor’s account (a "Billing Account"). You, as a Donor, represent and warrant to us that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum and maximum Donation amount may apply, and that all Donations are final and will not be refunded unless we, in our sole discretion, agree to issue a refund. We use third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners. Our current Payment Processor is Stripe, Inc. (Stripes terms of service).
From time to time, we may, in its sole discretion, place a hold on a Fundraiser account (a "Hold"), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner, (ii) the funds available should be provided directly to a person other than the Organizer, such as a legal beneficiary or person entitled by law to act on behalf of an Organizer, (iii) a Fundraiser or Organizer has violated these Terms of Service, (iv) the Organizer is colluding with Donors to engage in fraudulent activity, (v) there may be suspicious or fraudulent Donation activity, or (vi) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Fundraiser account, or need information about how to resolve the Hold, please contact us by e-mail: [email protected]
Withdrawing Donations from a Fundraiser
While we strive to make Withdrawals available to you promptly, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately, (ii) We do not guarantee that Withdrawals will be available to you within any specific time frame, and (iii) We expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organizer and/or Beneficiary, are responsible for ensuring that the information you provide to us in order to process a Withdrawal, including bank account information, is accurate and up to date. We may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. We are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing refunds, including, but not limited to transaction or overdraft fees.
Logins and Passwords
The Site requires you to enter a unique login and passwords ("Login and Password Information") in order to access certain areas of the Site. You are solely responsible and liable for maintaining the privacy and security of the Login and Password Information and therefore You will be solely responsible and liable for all actions on the Site that occur through the use of the Login and Password Information. You shall immediately notify Team Forbidden in writing by e-mail to [email protected] of any potential breaches of secrecy of the Login and Password Information. In the event of the departure of any employee with access to the Login and Password Information it is Your duty and responsibility to reset the Password Information and change the e-mail address associated with all website services.
At different points on the Site, you may be prompted by a notice indicating that continuation with a particular process, submission or transmission of data, or otherwise taking some affirmative action such as clicking a particular button shall constitute Your Electronic Agreement. "Electronic Agreement" shall mean that You have indicated consent or agreement to any electronically displayed terms and conditions by using electronic means. You agree that (i) You shall be legally obligated and bound, as by any other contract that binds You, by any electronic terms and conditions for which You give indication of acceptance or assent to agree to or be bound by using an Electronic Agreement; and (ii) the Electronic Agreement shall be deemed to satisfy all applicable legal requirements for a writing and for execution, including without limitation the requirements for introduction of the execution of an original writing into evidence in a court of law ("Legal Requirements"). You waive and agree not to assert any defense or assertion that the Electronic Agreement does not satisfy any of the Legal Requirements or that the Electronic Agreement is not a valid execution of a binding agreement. Team Forbidden will maintain all appropriate records of Your Electronic Agreements as solely determined by Team Forbidden. Team Forbidden makes no representation, warranty or other guarantee regarding the enforceability of such Electronic Agreements in any jurisdiction and specifically reserves the right, for itself and other users of the Site, to require Your written signature if it deems such signature is useful or necessary to create a binding agreement in any particular jurisdiction or setting.
You shall defend, indemnify and hold Team Forbidden, and its respective directors, officers, employees, agents and contractors harmless from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to reasonable attorney and accounting fees) arising out of or resulting from all demands, lawsuits, claims, causes of action, and proceedings ("Claims") arising from or in any way relating to each of the following: (i) Your use of the Site, (ii) User Content that You submit, post, or otherwise transmit to the Site, including without limitation via email to Team Forbidden, (iii) Your violation of these Site Terms and Conditions, or (iv) misuse of the Site by You or any of Your employees, contractors or agents. Team Forbidden shall notify You promptly of any such Claim and shall assist You if applicable, at Your sole expense, in defending any such Claim. Notwithstanding the foregoing, You shall keep Team Forbidden informed of the progress of any such Claim, and You shall not have the authority to admit any liability on the part of Team Forbidden in connection with any such Claim and shall not enter into a settlement or resolution which admits liability or fault on the part of Team Forbidden or fails to release Team Forbidden from all claims and liability. If You fail to act against such Claims as provided herein, or Team Forbidden otherwise reasonably believes that its position is or will be compromised through Your defense of the Claim, Team Forbidden shall have the right to take appropriate legal action and You shall pay all expenses actually and reasonably incurred in connection therewith.
YOU ACKNOWLEDGE THAT TEAM FORBIDDEN DOES NOT IN ANY WAY REPRESENT, WARRANT, ENDORSE OR GUARANTEE IN THESE SITE TERMS AND CONDITIONS, ANY PRODUCT, ANY INFORMATION YOU RECEIVE FROM TEAM FORBIDDEN OR OTHER USERS OF THE SITE OR ANY OUTCOME OR RESULT FROM YOUR RELATIONSHIP WITH TEAM FORBIDDEN. TEAM FORBIDDEN DOES NOT REPRESENT OR WARRANT THAT, AND TEAM FORBIDDEN IS NOT OBLIGATED TO ENSURE THAT, THE SITE WILL OPERATE FREE FROM ERROR, DELAY OR DOWNTIME, BE AVAILABLE IN A SPECIFIC LOCATION OR JURISDICTION, OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING OR RECOVERING EQUIPMENT, SOFTWARE OR DATA, TEAM FORBIDDEN IS NOT RESPONSIBLE OR LIABLE FOR THOSE COSTS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, TEAM FORBIDDEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUIET ENJOYMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE. TEAM FORBIDDEN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR INFORMATION PROVIDED ON THE SITE. NO CONTENT IS A SUBSTITUTE FOR INDEPENDENT SOFTWARE ANALYSIS AND TESTING FOR SOFTWARE SAFETY AND SUITABILITY.
Limitations on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU MUST INDEPENDENTLY EVALUATE AND ASSUME ALL RISKS AND LIABILITY ASSOCIATED WITH YOUR USE OF THE SITE. EXCEPT AS YOU MAY OTHERWISE EXPRESSLY AGREE IN WRITING WITH AN AUTHORIZED TEAM FORBIDDEN REPRESENTATIVE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TEAM FORBIDDEN NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY UNDER ANY THEORY OF LAW FOR ANY CLAIMS (DEFINED ABOVE IN THE INDEMNITY SECTION) ARISING OUT OF OR RELATING TO TEAM FORBIDDEN OR OTHER USER OF THE SITE, ANY TEAM FORBIDDEN PRODUCT OR SERVICE, ANY INFORMATION PROVIDED BY TEAM FORBIDDEN OR OTHER USER OF THE SITE, INCLUDING WITHOUT LIMITATION INFORMATION ABOUT TEAM FORBIDDENS PRODUCTS OR SERVICES, OR DAMAGES RESULTING FROM DIFFERENCES BETWEEN MEASURED TEAM FORBIDDEN PERFORMANCE AND TEAM FORBIDDEN PERFORMANCE PREDICTED USING THE CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF CAUSE, EVEN IF TEAM FORBIDDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEAM FORBIDDEN HAS NO OBLIGATION UNDER THESE SITE TERMS AND CONDITIONS AND SHALL NOT HAVE ANY LIABILITY TO OFFER ANY PARTICULAR PRODUCT OR SERVICE THROUGH THE SITE TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE AND OUR AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
General Limitation of Liability
IN NO EVENT WILL TEAM FORBIDDEN, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, CONTRACTORS OR AGENTS FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, BUSINESS, OR REVENUE, OR ANY LOSS OF DATA, CONTENT OR INFORMATION. IN NO EVENT SHALL TEAM FORBIDDENS TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE SITE TERMS AND CONDITIONS AND YOUR USE OF THE SITE EXCEED THE TOTAL AMOUNT PAID BY YOU TO TEAM FORBIDDEN IN CONNECTION WITH THE USE OF THIS TEAM FORBIDDEN SITE. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY, REGARDLESS OF WHETHER TEAM FORBIDDEN WAS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.
Some states or jurisdictions do not allow the exclusion or limitation of certain damages or the disclaimer of certain warranties. The limitations and disclaimers provided in these Site Terms And Conditions are intended to apply to the fullest extent allowable under applicable law.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Our current address for Notice is: Team Forbidden, LLC. 8567 Coral Way #274, Miami, FL. 33155. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $100.00.
No Class Actions
Unless both you and us agree otherwise, under no circumstance may than one person’s claims be consolidates, and may not otherwise preside over any form of a representative or class proceeding.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In connection with Your use of the Site, Team Forbidden may disclose to You certain Proprietary Information (defined below). You acknowledge and agree that any Proprietary Information is the sole and exclusive property of Team Forbidden (or a third party providing such information to Team Forbidden) and that Team Forbidden or such third party owns all worldwide rights therein under patent, copyright, trade secret, confidential information, and other tangible or intangible property right laws. You are permitted to use Team Forbidden Proprietary Information solely in connection with Your business purposes that relate to Team Forbidden and the Site and shall not disclose Team Forbidden Proprietary Information to any third party. For purposes of these Site Terms and Conditions, (i) "Confidential Information" has the meaning set forth under Florida law; (ii) "Trade Secrets" means trade secrets as defined under Florida law; and (iii) "Proprietary Information" means Trade Secrets and Confidential Information and includes without limitation all information posted or otherwise loaded on to the Site and accessible only by the use of the Login And Password Information. Except as otherwise agreed in writing, Team Forbidden shall not have any obligation with regard to the use or confidentiality of any information disclosed by you.
The obligations set forth herein with respect to Trade Secrets shall remain for as long as such information remains a trade secret under Florida law, and for Confidential Information shall continue for the duration of Your use of the Site and for three (3) years thereafter.
Nothing in this Section shall prohibit or limit Your use or disclosure of information if You prove (i) at the time of disclosure hereunder such information is generally available to the public; (ii) after disclosure hereunder such information becomes generally available to the public, except through breach of these Site Terms and Conditions by You; (iii) such information was in Your possession prior to the time of disclosure by Team Forbidden and was not acquired directly or indirectly from Team Forbidden; (iv) the information becomes available to You from a third party which is not legally prohibited from disclosing such information, provided such information was not acquired directly or indirectly from Team Forbidden; (v) the information was developed by or for You independently of the disclosure of such information by Team Forbidden; or (vi) the Proprietary Information is disclosed by You pursuant to a requirement of a governmental agency or by operation of law, provided that, with respect to clause, (vi) You shall first notify Team Forbidden prior to disclosure in order to give Team Forbidden an opportunity to seek an appropriate protective order and/or waive compliance with the terms of these Site Terms and Conditions and shall disclose only that part of the Proprietary Information which You are required to disclose.
We each agree to keep all information exchanged between us, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
Team Forbidden shall be entitled to impose sanctions against You if You violate these Site Terms and Conditions or any of the published rules of the Site ("Sanction Event"). At Team Forbiddens sole determination and discretion, if the Sanction Event could cause damage to Team Forbidden, other users of the Site, or any third party, Team Forbidden shall have the right but not the obligation to immediately and without notice suspend or terminate Your access to the Site, without limiting any of the other remedies that may be available to Team Forbidden at law or in equity or Team Forbiddens other rights to terminate Your use of the Site under these Site Terms and Conditions.
You and Team Forbidden are independent organizations acting for their own account and nether party nor its agents or employees are authorized to make any representation otherwise or any commitment on any other partys behalf unless previously authorized by such party in writing. Neither party is responsible to any third party for the quality of the services or products provided by any other party.
You are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.
You may terminate Your access rights to the Site at any time by discontinuing use of the Site and providing notice to Team Forbidden. Team Forbidden shall have the right but not the obligation to terminate Your access and rights to the Site at any time for any or no reason. Upon termination of these Site Terms and Conditions, all Sections of these Site Terms and Conditions shall remain in full force and effect except for the Content License and Restrictions section and the Logins and Passwords section.
All notices required to be given to Team Forbidden hereunder shall be sent by certified mail to:
Team Forbidden, LLC. Attn: [email protected] Administrator 8567 CORAL WAY UNIT #274 MIAMI, FL 33155
All notices required to be given to You hereunder may be posted on the Site or delivered to the e-mail address provided to Team Forbidden by You at the time of registration, and as changed by You from time to time, and shall be effective upon posting and / or delivery, whichever occurs first.
THIRD PARTY WEBSITES/SERVICES
The Services or third parties may provide or facilitate links, tools, OAuth ("Open Authorization"), widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, "Third Party Resources"). We have no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and we are not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources.
Governing Law and Jurisdiction
THESE SITE TERMS AND CONDITIONS SHALL BE EXCLUSIVELY CONSTRUED, GOVERNED AND ENFORCED UNDER THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA (WITHOUT REGARD TO RULES GOVERNING CONFLICT OF LAWS). You agree that a non-exclusive venue for all actions, relating in any manner to these Site Terms and Conditions or use of the Site, shall only be in a federal or state court of competent jurisdiction located in Miami-Dade County, Florida. You hereby consent and submit to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consent that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. You waive any objection based on forum non-conveniens and waive any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. You agree that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
Team Forbidden shall not be liable for delay or failure in any of its performance hereunder due to causes beyond its reasonable control, including but not limited to, an act of God, war, natural disaster, governmental regulations, communication or utility failures or casualties or the failures or acts of third parties.
You shall not assign Your Login and Password Information without the prior written consent of Team Forbidden. You shall not assign Your rights or obligations under these Site Terms and Conditions, including without limitation through any change of control or by operation of law, in whole or in part, without the prior written consent of Team Forbidden. Team Forbidden may freely assign any or all of its rights and obligations under these Site Terms and Conditions, in whole or in part for any reason, provided that the acquiring or resulting entity agrees in writing to be bound by the terms of these Site Terms and Conditions. Subject to the foregoing restrictions, these Site Terms and Conditions will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.