Terms and Conditions
 
Welfunding lend a platform for raising fund through the collective effort of friends, family, customers, and individual investors for charitable causes. This approach taps into the collective efforts of a large pool of individual welfunding and leverages their networks for greater reach and exposure.
 
We insist that you read and agree to the Welfunding Terms and Conditions.
 
These terms and conditions govern Welfunding's ("welfunding", "Welfunding", "we", or "our") relationship with you when you use the Welfunding website, www.welfunding.com ("site") and any and all services available on or through the site or otherwise provided by Welfunding, including any widget provided by Welfunding (collectively, the "services"). By using or accessing the site, services or a widget, whether manually or through automated means, you agree to these Welfunding terms and conditions ("terms"). These terms apply to you if you are a fundraiser, charity, donor, event organizer, event registrant or any other user of the site and/or services (collectively, "users" or "you"). If you choose to not accept these terms, we won't be mad at you but it means you can't use the Welfunding site or the services. Since we don't ever want that to happen, be sure to contact us if you have any questions about anything in the world.
However, to be eligible to use the services and access the site, you must: (1) be at least 18; (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another member's account without her/his permission.
THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. Access to the site and services from territories where the site and/or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.
 
Overview

Additional Terms for Fundraisers



 
Additional Terms for Donors

Any individual, entity or organization that registers as a member and donates funds through the site or the services ("donor") is subject to the following additional terms of these terms that apply specifically to donors.
Fees

 
 
General Terms

  1. Ownership of the site, Site information and services. The site and services and all technology underlying the same are expressly owned and operated by Welfunding. Unless otherwise noted, the design and content features on the site and services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by Welfunding or its affiliates, if any, or are licensed by Welfunding from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.

    1. The trademarks, logos, and service marks ("Marks") displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that Welfunding sponsors or with which we are otherwise affiliated. Welfunding's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Welfunding's express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Welfunding's express written consent.

    2. No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without Welfunding's express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information.

    3. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.

  2. Widgets. Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a "Widget"). Subject to your compliance with the terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:

    1. Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale;

    2. Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
    3. Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or

    4. Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our site.

  3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Welfunding through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that Welfunding has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Welfunding a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.

  4. Use of Site. The site, services and the Site Information are provided "as is" with all faults. Your use of the site, services, and the Site Information is at your own risk. The site, services or Site Information may contain errors or omission, or may be out of date. The site, services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the service or the site, you promise to:

    1. a. Use the service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the site and services;

    2. b. Use the service so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others' legal rights or use or enjoyment of the service; and

    3. c. Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.

  5. Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on Welfunding without our prior written consent. You may seek permission by sending an email to support@welfunding.com. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion; (c) you may not use the Marks or any other Welfunding intellectual property in the rules or any other materials relating to the Promotion, without Welfunding's express written permission; (d) such Promotion does not require making a donation as the only way to enter; (e) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the state in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the site: (i) Welfunding does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Welfunding from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to Welfunding.

  6. Content. When you are using the site and/or the services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the site or through the services (collectively "User Generated Content"). You alone, not Welfunding, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to Welfunding, you hereby grant Welfunding a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.

    1. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not:

      1. provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

      2. create any liability for Welfunding 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;

      3. engage in any conduct that, in Welfunding's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the site or services;

      4. use the site or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

      5. interfere with or disrupt any servers or networks used to provide the site or services or their respective features, or disobey any requirements of the networks Welfunding uses to provide the site or services;

      6. obtain or attempt to obtain any materials or information not intentionally made available through the site or services;

      7. use the site or services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the site or services for fundraising activities is expressly permitted;

      8. engage in advertising or commercial solicitation of any product or service without Welfunding's written consent, except that using the site or services for fundraising activities is expressly permitted;

      9. gather for marketing purposes any email addresses or other personal information that has been posted by other users;

      10. post any identification documents or sensitive information about another person.

      11. create a fundraising campaign involving legal disputes or legal issues or child custody issues.

    2. Welfunding shall have the right, but no obligation, to monitor User Generated Content and other features of the site and services to determine compliance with these terms and any other operating rules we establish. Welfunding shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the site or services. We do not control any User Generated Content that you or other users may provide. Welfunding neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Generated Content, whether it is provided by Welfunding, our employees, or a third party.

    3. Under no circumstances will Welfunding be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the site or services. Welfunding is not responsible for any offensive, defamatory, obscene or any other posting made through the site or services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Welfunding's sole discretion is inappropriate, objectionable or in violation of these terms. Any user who feels that a posted message is objectionable is encouraged to Contact Us immediately by email to info@welfunding.com.

  7. Digital Millennium Copyright Act; Copyright Complaints. Welfunding respects the intellectual property rights of others and requires those that visit the site and use our network to do the same. Welfunding may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others. Welfunding also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others' copyrights, Welfunding may in its sole discretion terminate those individuals' rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify Welfunding's copyright agent by written notice. The notice should include the following information:

    1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

    2. A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;

    3. Identification of the location on the site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;

    4. Your name, address, telephone number and email address;

    5. A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and

    6. A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorised to act on the copyright owner's behalf.

  8. Suspension or Termination of Your Use of the Site. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms. Welfunding has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in Welfunding's sole discretion and that Welfunding shall not be liable to you or any third party for any termination of your account. If you want to terminate any services provided by Welfunding, you may do so by notifying Welfunding at any time, with your notice sent, in writing, to our address set forth below. Termination of any service includes removal of access to such service and barring of further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed. All provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

  9. No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but Welfunding has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Welfunding, we do not operate, control or endorse any information, products or services on the Internet in any way. Welfunding does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk.

Liability

  1. Indemnification. You agree to indemnify, defend and hold Welfunding and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from: (a) your use, misuse or abuse of the site, services or the Site Information; (b) your User Generated Content; or (c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in Welfunding's defense of any claim. Welfunding reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without Welfunding's written consent.

  2. DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, Welfunding, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. Welfunding, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. Welfunding ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.

  3. LIMITATION ON LIABILITY. Welfunding, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Welfunding BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND Welfunding AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

  4. RELEASE. YOU HEREBY AGREE TO RELEASE Welfunding, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.

  5. Security of the Site. Welfunding maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems and our volunteers', fundraisers', donors' and Charities' information. For example, for the security of your online visit to the site, Welfunding may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Welfunding strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Welfunding will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.