SchoolFunder Terms & Conditions

Fairground Media LLC, located at PO Box 850, Boulder, CO 80306, operates the CrowdFunder Web site, located at CrowdFunder.com (the “Site”). The Site is an innovative new Internet platform that allows communities to harness the power of collaborative fundraising. The Site enables individuals to post listings for certain organizations, programs, and other causes. The Site allows others to contribute to these organizations, programs, and other causes. These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use the Site including, without limitation, post fundraising listings on the Site, and make contributions to fundraising listings posted on the Site. To the extent rules or guidelines affecting your use of the Site are found on other pages of the Site, those rules and guidelines are hereby incorporated by reference into these Terms of Use. By using the Site, you (either “you” or "user") agree to these Terms of Use. The terms "CrowdFunder," "we," "us," and "our," when used in these Terms of Use, mean Fairground Media LLC. Should you object to any term or condition of these Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check the Site regularly for changes to these Terms of Use. Modifications will become effective immediately upon posting at the Site without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Use may not be amended.

PASSWORD

You may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify CrowdFunder immediately of any known or suspected unauthorized use of your username and password or any other breach of security. CrowdFunder cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

LISTING AUTHORIZATIONS

You authorize CrowdFunder, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address, and verifying information you have provided to CrowdFunder against third party databases or through other sources.

POSTING CONTENT

You understand that all fundraising listings, messages, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for each individual item ("Item") of Content that you post, email, or otherwise make available via the Site. CrowdFunder.com does not monitor all Content posted by individuals on the Site and, as such, does not guarantee (or make any representations with respect to) the suitability, accuracy, integrity, charitable nature, or quality of such Content. CrowdFunder is not responsible for the accuracy, correctness, completeness, or currency of any information posted on or made available through the Site by an author other than CrowdFunder. Furthermore, the Site and Content available through the Site may contain links to other Web sites, which are completely independent of CrowdFunder. CrowdFunder makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other Web sites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will CrowdFunder be liable in any way for any Content, for any loss, or for damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise made available via the Site. You acknowledge CrowdFunder does not pre-screen or approve Content, but CrowdFunder will have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Site for violating the letter or spirit of these Terms of Use or for any other reason.

POSTING CONTENT

The following is strictly prohibited, and you represent and warrant that you:

will not upload, post, transmit, or otherwise make available on the Site:
- any Content that is unlawful, threatening, pornographic, libelous, abusive, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially objectionable, ethically objectionable, scandalous, inflammatory, or profane, or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- any Content that you know to be false, misleading, or fraudulent;
- any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any individual or entity;
- any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- any photograph without the permission of each person in the photograph;
- the name of any individual without that person’s knowledge and consent; and
- any Content about an identifiable person without that person's permission;
will only use the Site if you are (i) able to form legally binding contracts, (ii) over the age of 18, (iii) not temporarily or indefinitely suspended from the Site, and (iv) a citizen or legal resident of the United States;
will not copy, modify, or distribute content from the Site and CrowdFunder's copyrights and trademarks ;
will not promote any illegal activity via the Site;
will not promote any illegal activities with any funds contributed via the Site;
will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
will not use the Site, the services provided via the Site, or any funds contributed via the Site in violation of any local, state, national, or international law, rule, or regulation;
will not offer to sell or sell any securities via the Site;
will not transfer to or share with any individual or entity that is not a United States citizen or a legal resident of the United States any funds contributed to or received from the Site;
will not use the Site to fund any terrorist acts or any person or entity listed on the Specially Designated Nationals List published by the Office of Foreign Assets;
will not "stalk" or otherwise harass another; or
will not collect or store personal data about other users of the Site.

By uploading, posting, transmitting, or otherwise making any Content available on or through the Site, you are granting CrowdFunder a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to copy, modify, publish, distribute publicly, and create derivative works of the Content, in any media known now or in the future. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available on the Site.

You understand that CrowdFunder may pre-screen certain Content posted on or available through the Site by individual authors, but that it has no obligation to do so, and that it may not do so for all Content. CrowdFunder and its designees have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through the Site. Without limiting the foregoing, CrowdFunder and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise deemed objectionable by CrowdFunder in its sole discretion. You acknowledge, consent, and agree that CrowdFunder may access, preserve, and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for assistance; (v) protect the rights, property, or personal safety of CrowdFunder, its users, and/or the public; or (vi) provided you with admission to any event for which you purchased access via CrowdFunder.

OWNERSHIP OF CONTENT POSTED BY AUTHORS AND VISITORS ON THE SITE

Authors retain ownership of the copyright in Content they publish on the Site. If the Content is the original work of the individual posting the Content, then the individual posting the Content owns the copyright in that work. This is true whether the individual is an author or a visitor. CrowdFunder does not claim any copyrights in original works created and posted by authors and visitors. However, by making any Content available on the Site, you are granting CrowdFunder a license in such Content as described above.

AGENT TO RECEIVE NOTIFICATION OF CLAIMED INFRINGEMENT

CrowdFunder does not knowingly publish (or permit authors and visitors to publish) copyrighted materials without permission. If you believe that any materials published on the Site have been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please provide our Copyright Agent with a signed statement containing the following information:

a description of the infringing material,
a description of the copyrighted work(s) that you believe has been infringed,
the name of the owner of the copyright,
your name,
your address, telephone number, and/or email address,
a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law,
a statement that all of the information you have provided is true, and
a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.

Your statement must be sent to us by U.S. mail, fax, or e-mail, addressed as follows:

Attn: Support
CrowdFunder.com Mailing address: PO Box 850
Boulder, CO 80306
Phone: 303 325-5321
E-mail: copyright@crowdfunder.com

OWNERSHIP OF SITE AND CROWDFUNDER CONTENT; PERMISSIONS

The Site, including all of the Content on the Site (other than the Content for which individual authors retain ownership as described above) and any Feedback you may provide to CrowdFunder (as described below), is owned by CrowdFunder or by third parties who have licensed their copyrights to CrowdFunder. No right, title, or interest in the Site or any Content on the Site is transferred to you under these Terms of Use. Except as otherwise expressly provided in these Terms of Use, no Content on the Site may be copied or otherwise reproduced without the written permission of CrowdFunder. If you would like to obtain permission to use, reproduce, or display any Content on the Site, please direct all inquiries to:

CrowdFunder.com
Attn.: Permissions
PO Box 850
Boulder, CO 80306
303 325-5321

Or, feel free to e-mail us with any questions at help@crowdfunder.com.

Various product names, logos, designs, titles, words or phrases within the Site may be trademarks, service marks, or trade names of CrowdFunder or other entities. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners. Unless you have agreed otherwise in writing with CrowdFunder, nothing in these Terms of Use gives you a right to use any of CrowdFunder’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

OWNERSHIP OF FEEDBACK

By submitting Feedback to CrowdFunder through the Site, you assign to CrowdFunder, free of charge, all worldwide rights, title, and interest in all copyrights and other intellectual property rights in the Feedback you submit. CrowdFunder will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services using such Feedback without restriction and without compensating you in any way.

You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

RIGHT TO MODIFY OR DISCONTINUE SITE AND CONTENT

CrowdFunder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that CrowdFunder will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. In addition, any prices, technical specifications, and product offerings featured on the Site are subject to change at any time, with or without notice.

LINKS TO OTHER WEB SITES

CHARITABLE ORGANIZATION DISCLAIMER

UNLESS OTHERWISE EXPRESSLY STATED IN WRITING, CrowdFunder AND ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS MAKE NO REPRESENTATIONS WITH RESPECT TO THE CHARTABLE NATURE OF ANY CONTENT OR ANY LISTINGS ON THE SITE. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU MAKE A CONTRIBUTION VIA THE SITE FOR A LISTING POSTED ON THE SITE, YOU WILL NOT BE ABLE TO CLAIM YOUR CONTRIBUTION AS A CHARITABLE DONATION FOR INTERNAL REVENUE PURPOSES.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CrowdFunder, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

UNDER NO CIRCUMSTANCES WILL CrowdFunder, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE OR ANY PRODUCT, SERVICE, OR CONTENT PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, LOSS OF PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR GOODWILL. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CrowdFunder HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CrowdFunder, ITS CONTENT PROVIDERS, SERVICE PROVIDERS, AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU WILL NOT EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE SITE, IF ANYTHING.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You will indemnify and hold us (and our sponsors, content providers, service providers, licensors, and its or their respective officers, directors, employees, contractors, and agents), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

TERMINATION

CrowdFunder may, under certain circumstances and without prior notice, immediately terminate your right to use the Site. Cause for such termination will include, but not be limited to:

(i) breaches or violations of these Terms of Use or other incorporated agreements or guidelines;
(ii) requests by law enforcement or other government agencies;
(iii) discontinuance or material modification to the Site (or any part thereof); and
(iv) unexpected technical or security issues or problems.

Further, you agree that all terminations for cause will be made in the sole discretion of CrowdFunder and that CrowdFunder will not be liable to you or any third-party for such termination.

REGISTRATION INFORMATION

You agree that you will:

(i) provide true, accurate, current and complete information about yourself when you register for the Site; and
(ii) maintain and promptly update your registration information to keep it true, accurate, current, and complete.

TAKE SPECIAL CARE TO PROTECT CHILDREN UNDER THE AGE OF EIGHTEEN

We recommend that parents and guardians instruct their children on the safe use of the Web site and supervise their children as necessary. An excellent resource for teaching children to use the Internet safely is available at:
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado in the United States of America without regard to conflicts of a law principles. You hereby consent and waive all objection to jurisdiction of the federal and state courts of the state Colorado and to venue therein.

Further, you hereby waive trial by jury in any action or proceeding brought by either party to enforce or defend the provisions of these Terms of Use.

WAIVER AND SEVERABILITY OF TERMS

All waivers must be in writing and signed in ink on behalf of CrowdFunder. The failure of CrowdFunder to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

HEADINGS

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

ENTIRE AGREEMENT

These Terms of Use and the CrowdFunder Privacy Policies together constitute the entire agreement between you and CrowdFunder and govern your use of the Site, superseding any prior understandings or agreements between you and CrowdFunder. This Agreement may be amended or modified only as set forth above.

Effective September 21, 2007.

Please contact us at: info@crowdfunder.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.