2. Third Party Links
3. Website Access
In order to access some features of the Website, you may be required to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Causecast immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Causecast or others due to such unauthorized use. Causecast will not be liable for your losses caused by any unauthorized use of your account.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Causecast servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Causecast grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Causecast reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
Causecast has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
4. Intellectual Property Rights
Content provided on the Website (“Website Content”) is provided to you "AS IS" for your information and personal use only and, except for Your Content as defined in Section 5.7, below, may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without Causecast's prior written consent. Causecast reserves all rights not expressly granted in and to the Website and Website Content. You agree to not engage in the use, copying, or distribution of any of the Website Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Website Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Website.
5. Use by Nonprofit Organizations
Causecast is in the business of creating technology to create and support connections between the public and 501(c)(3) organizations (“Organizations”). The website CausecastForNonprofits.com is an example of the aforementioned technology. By using the features of CausecastForNonprofits.com made available to nonprofit organizations, you hereby represent and warrant that you are an authorized representative of one or more 501(c)(3) organizations and agree, for good and valuable consideration, the receipt of which you hereby acknowledge, that the Organization(s) you represent will be bound by the the terms and conditions of Sections 5.1 - 5.17 below.
1. Causecast reserves the right to accept or reject any Organization that applies to be a part of the site for any reason or no reason.
2. You hereby grant Causecast the right to promote your Organization on the Website, and any other websites with which it is linked, and process donations made to your Organization (the “Donations”) through the Website and through Causecast’s network of online donation tools (collectively the “Causecast Donation System”). Causecast has no obligation to promote an organization or any or all of its programs, but may elect to do so.
3. Donations to your Organization are collected and distributed by the Causecast Foundation (“the Foundation”). Five percent of each donation to your Organization is deducted as a fee for processing online donations through our Website. The 5% deducted is paid to Causecast which provides the technology necessary to support the collection and distribution of funds under the Causecast Donation System. In addition to the 5% deduction, if the donation to your Organization is made with a credit card an additional fee of 2.8% + $.20 per transaction fee is deducted from the donation to account for customary credit card processing fees. The balance of the donation will be credited to your Organization’s account.
4. If your Organization’s account balance is more than $100 at the end of a calendar month, the Foundation will automatically disburse the account balance to you (“automatic monthly disbursement”). In addition, should the balance in your Organization’s account exceed $5,000.00, funds will be disbursed to your Organization within five (5) business days of the balance exceeding $5,000.00 (“threshold disbursement”).
5. Your Organization authorizes the Foundation to issue a receipt meeting the requirements of the Internal Revenue Code for donations made to your Organization via the Causecast Donation System. You represent and warrant that your Organization is not furnishing any goods or services in exchange for the donation which must be disclosed on the receipt as a “quid pro quo” contribution under IRS rules.
6. Your Organization may request a disbursement of the balance of its account at any time, and payment will be processed within five (5) business days of your request. Except in the case of an automatic monthly disbursement or threshold disbursement, as described in paragraph 5.4, your organization will be charged $50 for each requested disbursement. You may request a disbursement by emailing email@example.com.
7. In furtherance of Causecast’s right to promote your Organization, you may provide Causecast with content, including but not limited to: written, photographic, audio and video content, (collectively “Your Content”). Causecast shall have a non-exclusive, worldwide license to utilize the Your Content on the Website and any other website to which it is linked as well as the Causecast Donation System. Causecast has the right to decide whether to use any or all of Your Content on the Website and may exclude any or all of Your Content in its sole and absolute discretion.
8. You also hereby grant Causecast a non-exclusive, worldwide license to utilize Your Content in addition to your Organization’s trademark, tradenames and logos (“Tradenames”) in connection with the promotion of your Organization on the Website, any other website to which Causecast is linked and the Causecast Donation System. You hereby represent and warrant that the Tradenames, Your Content and any and all other material (collectively, “Your Material”) that you provide to Causecast are original to you or your Organization and their exploitation will not infringe the rights of third parties. You agree to indemnify, defend and hold Causecast harmless against any third party claims, actions, liabilities, losses or damages (including court costs and reasonable, outside attorneys’ fees) which may arise from a breach of these warranties and representations, or from a breach of any representation, warranty or obligation of yours in accordance with this Agreement, or arising in connection with Your Content, Your Material, or the activities of your agents,employees or contractors.
9. Your Organization represents and warrants that it is a non-profit corporation duly organized, validly existing and in good standing in the jurisdiction of its organization with full power and authority to accept charitable contributions and to operate its business and enter into this agreement. Your Organization further represents and warrants that is organized and operated exclusively for purposes described in Internal Revenue Code Section 501(c)(3), that it has received a determination letter from the Internal Revenue Service determining that it is exempt from federal income tax, that such letter has not been revoked, and that it is registered as a charitable organization in each state in which registration is required. Unless a California “CT” registration number issued by the California Registry of Charitable Trusts is included in your application, your Organization represents and warrants that it is not required to register with the California Registry of Charitable Trusts.
10. You acknowledge that Causecast makes no representations or warranties regarding the performance, efficiency, or availability, of the Website. No representation or warranty is made that operation of the Website will be uninterrupted or error-free, or that the Website will operated as expected or meet your particular needs or purposes. You acknowledge that Causecast makes no representations or warranties that you will receive any minimum amount of donations or any donations at all under this Agreement.
11. You and Causecast will use reasonable, good faith efforts to keep confidential all information and materials so designated by the other party and to limit access to such information and materials to those with a need to know for purposes of performing this Agreement.
12. You may withdraw or modify Your Material at any time. Causecast reserves the right to remove any material submitted by or on behalf of your Organization which it determines may be in violation of the rights of others, offensive or objectionable to users of our website, or for any other reason.
13. Either you or Causecast may terminate this Agreement at any time for any reason by giving the other written notice which shall be effective 5 business days after receipt, or a later date specified in the written notice. Upon termination, Causecast will promptly cease using Your Material on the Website and return any of Your Material in Causecast’s possession and you and Causecast shall have no further obligation to one another. Causecast shall not have the right to assign this Agreement without your express written consent. Causecast shall remit any balance in the Organization’s account within five (5) business days after termination.
14. Written notice shall be sent by Causecast to your Organization via certified mail return receipt requested to the address specified in the Organization’s address as shown on Causecast’s records. Written notice, including notice of termination, shall be sent to Causecast by your Organization via certified mail, return receipt requested, to the following address:
8800 Venice BoulevardSuite 217Los Angeles, California 90034
15. Each party agrees to timely execute and deliver such further customary documents consistent herewith (after reasonable opportunity to review the same and comment thereon) as the other party may from time to time deem reasonably necessary and desirable to carry out the purposes of this Agreement.
16. This Agreement is subject to the laws of the State of California without regard to its choice of law principles. Any controversy or claim between the parties arising under or related to these terms and conditions, including the enforceability of this arbitration provision, shall be settled by expedited arbitration in accordance with the expedited Rules of the American Arbitration Association (“AAA”), notwithstanding the amount of the controversy. The arbitration shall take place at Los Angeles, California. In any arbitration, judgment upon the award rendered by the arbitrator, which shall be final and binding upon the parties, may be entered in any court having jurisdiction thereof.
17. The following state law provisions also apply to agreements between Causecast and your Organization which are subject to the jurisdiction of the named state. In the event of a conflict between an applicable state law provision and these Terms and Conditions, applicable state law shall prevail.California
A. (1) The organization has the right to cancel the contract without cost, penalty, or liability for a period of 10 days following the date on which the contract is executed or submitted to Causecast.
(2) The organization may cancel the contract by serving a written notice of cancellation on Causecast.
(3) If mailed, service shall be by certified mail, return receipt requested, and cancellation shall be deemed effective upon the expiration of five calendar days from the date of mailing.
(4) Any funds collected after effective notice that the contract has been canceled shall be deemed to be held in trust for the benefit of the Organization without deduction for costs or expenses of any nature.
B.(1) The Organization shall be entitled to recover all funds collected after the date of cancellation.
(3) If mailed, service shall be by certified mail, return receipt requested, and cancellation shall be deemed effective upon the expiration of five calendar days from the date of mailing.
(4) In the event of termination under this clause, the Organization shall be liable for services provided by Causecast up to 30 days after the effective service of the notice. Following the initial 10-day cancellation period, the Organization may terminate the contract at any time upon written notice, without payment or compensation of any kind to Causecast, if Causecast or its agents, employees, or representatives do any of the following:
C.(1) Make any material misrepresentations in the course of solicitations or with respect to the Organization.
(2) Are found by the Organization to have been convicted of a crime arising from the conduct of a solicitation for an Organization or purpose punishable as a misdemeanor or a felony.
(3) Otherwise conduct fundraising activities in a manner that causes or could cause public disparagement of the Organization’s good name or good will.
6. User Submissions
The Website may now or in the future permit the submission of opinions, photos, videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Causecast does not guarantee any confidentiality with respect to any User Submissions.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Causecast, you hereby grant Causecast, in addition to any other rights which it has pursuant to any other program established by Causecast, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and Causecast's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant Causecast all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Causecast or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity; or (v) post advertisements or solicitations of business. Causecast does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Causecast expressly disclaims any and all liability in connection with User Submissions.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Causecast is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Causecast with respect thereto, and agree to indemnify and hold Causecast, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
7. Copyright and Content Policy
If you believe that Your Content has been copied in a way that constitutes copyright infringement, please provide Causecast's Copyright Agent the following information in writing:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Causecast's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
8800 Venice Boulevard
Los Angeles, California 90034
By fax: 310-496-0934
By email: firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this Section 7, your DMCA [DEFINED?] notice may not be valid. Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CAUSECAST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, AND MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. CAUSECAST DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND CAUSECAST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. Limitation of Liability
IN NO EVENT SHALL CAUSECAST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAUSECAST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CAUSECAST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.