Terms and Conditions
Effective date: 21-December-2015
Welcome to SUMBON. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the `Services’). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
The purpose of our site and services is to help individuals, entities or organizations raise money, but we do not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the site or services is not a solicitation of donations by SUMBON, and SUMBON does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the SUMBON website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (`COPPA’) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If you are between the ages of 13 and 17, please use the Service with parental or legal guardian consent and supervision. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
What are the basics of using SUMBON?
It is easy to become a member of the SUMBON community by following the steps on the site. When you join, you will be asked to select an account type (either `personal’ or `Non-Profit’ or `Foundation’). At this time only registered organizations can raise funds. You may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization.
You will be required to sign up for an account, and select a password and user name (`Company User ID’). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to `you’ and `your’ in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of SUMBON. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify SUMBON immediately of any unauthorized use of your password or account or any other breach of security. SUMBON assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. SUMBON has the right to reclaim any user names or URLs for any reason.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including SUMBON);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your SUMBON account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or `spam’ on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) `Crawls,’ `scrapes,’ or `spiders’ any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in SUMBON?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the `Content’) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including SUMBON’s) rights.
You understand that SUMBON owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
This Site may include interactive features, including, but not limited to, message boards, friend feeds, web logs, email services, video, blogging, including without limitation, through third-party micro-blogging applications, and areas that allow for uploading or posting of User Generated Content (collectively, the “Interactive Features”). You are responsible for any material or User Generated Content that you post or otherwise provide on the Site or through the Services. We do not control the messages, information or files that you or others may provide through the Site or Services.
When using the Interactive Features, you must not:
- Engage in any conduct that, in SUMBON’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Site or Services;
- Use the Site or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt any servers or networks used to provide the Site or Services or their respective features, or disobey any requirements of the networks SUMBON uses to provide the Site or Services;
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site or Services, by any unauthorized or illegal means;
- Obtain or attempt to obtain any materials or information not intentionally made available through the Site or Services;
- Use the Site or Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Site or Services for fundraising activities is expressly permitted;
- Engage in advertising or commercial solicitation of any product or service without SUMBON’s written consent, except that using the Site or services for fundraising activities is expressly permitted;
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users;
- Post any identification documents or sensitive information about another person.
SUMBON shall have the right, but no obligation, to monitor the content on the Interactive Features to determine compliance with these Terms and any other operating rules we establish. SUMBON shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Interactive Features of the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content. SUMBON neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Interactive Features, whether it is provided by SUMBON, our employees, or a third party.
Do I have to grant any licenses to Company or to other users?
For all User Submissions, you hereby grant SUMBON a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile phone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
You hereby grant SUMBON the following royalty-free, non-exclusive, worldwide, sub-licensable and transferable rights and licenses:
By submitting User Generated Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive license to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for Site Users to send and distribute your User Generated Content; and (iv) the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under these Terms. The foregoing licenses granted by you shall terminate once you remove or delete your User Generated Content from the Site or Services. Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or if other people have made copies of it before it was deleted.
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 SUMBON, 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 SUMBON, you hereby grant SUMBON 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.
By submitting your User Generated Content to SUMBON, you hereby grant SUMBON the right :
- To host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the User Generated Content to appropriate media formats, standards or mediums as part of the services SUMBON provides;
- To use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the User Generated Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
- To use User Generated Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.
You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not:
- provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- create any liability for SUMBON or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- engage in any conduct that, in SUMBON’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the site or services;
- use the site or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the site or services or their respective features, or disobey any requirements of the networks SUMBON uses to provide the site or services;
- gain unauthorized access to the site, or any account, computer system, or network connected to this site or services, by any unauthorized or illegal means;
- obtain or attempt to obtain any materials or information not intentionally made available through the site or services;
- use the site or services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the site or services for fundraising activities is expressly permitted;
- engage in advertising or commercial solicitation of any product or service without SUMBON’s written consent, except that using the site or services for fundraising activities is expressly permitted;
- gather for marketing purposes any email addresses or other personal information that has been posted by other users;
- post any identification documents or sensitive information about another person.
- create a fundraising campaign involving legal disputes or legal issues or child custody issues.
SUMBON 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. SUMBON 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. SUMBON 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 SUMBON, our employees, or a third party.
Under no circumstances will SUMBON 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. SUMBON 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 SUMBON’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 contact@SUMBON.com.
SUMBON is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. ¤230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the site or through the services.
If you store a User Submission in your own personal SUMBON account, in a manner that is not viewable by any other user except you (a `Personal User Submission’), you grant SUMBON the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a `Limited Audience User Submission’), then you grant SUMBON the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a `Public User Submission’), then you grant SUMBON the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all SUMBON users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with SUMBON business for any purpose, provided that SUMBON will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide, provided that when you delete your SUMBON account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Company’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that SUMBON, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the `DMCA’), as it relates to online service providers, like SUMBON, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, ]. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The site and services and all technology underlying the same are expressly owned and operated by SUMBON. 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 SUMBON or its affiliates, if any, or are licensed by SUMBON from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
- The trademarks, logos, and service marks (“Marks”) displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that SUMBON sponsors or with which we are otherwise affiliated. SUMBON’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without SUMBON’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 SUMBON’s express written consent.
- No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without SUMBON’s express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information.
- You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.
SUMBON has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, SUMBON will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SUMBON shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that SUMBON is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release SUMBON, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will SUMBON ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
All donations are at your own risk. Please make sure that when you donate to a given Non-profit, you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. SUMBON does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary. SUMBON is also not responsible for any ongoing due-diligence for the beneficiary Non-profit organizations.
Additional Information for Non-profits and/or Foundations
Any Non-Profit that registers as a member and raises funds through the site or the services (`fundraisers’) is subject to the following additional terms of these terms that apply specifically to donations made online to the Non-Profit and/or fundraising campaigns run by the Non-Profit.
By raising funds through the services, you represent and warrant that: (a) you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and (b) you will use all donated funds solely for the purpose you have stated on the site, and under no circumstances may you use the funds for any other purpose. Additionally, if you are raising funds for a non-profit organization (a `Non-profit’) through the site, you agree that you will comply with all applicable state and country solicitation laws, and you represent and warrant that such Non-profit: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code(if applicable); and (ii) has authorized you to raise money on its behalf through the site. If you are raising funds for another purpose, as may be permitted under these terms, you represent and warrant that you can meet all user eligibility requirements for the services and have a social security number or an EIN and a U.S. bank account (applicable to non-profits in the US).
- Creating and Posting a Campaign. Any Non-Profit may create and post a campaign to showcase and share certain information about the campaign and elicit financial contributions (“Donations”) from other members by following the subsequent procedure and rules:
- Create a campaign profile page and post a “Funding Request.” You may be required to provide payment information depending on how donations are made.
- Designate the legal entity or person receiving the donations (the “Beneficiary”) and ensure the Beneficiary sets up an account with the designated independent payment processor (the “Processor”) to receive donations. You may designate yourself as the Beneficiary.
- You may offer non-monetary rewards for donations.
- By using our service, you agree that a third party may join your team and/or choose your campaign as one of its favorites and may add it to the third party’s page or list on the site. You may opt-out by changing the settings on your campaign and you may also remove individuals from your team through your settings.
If you create a campaign, you represent and warrant that you: (a) are the authorized representative of the Beneficiary with the authority: (i) to solicit donations for the Beneficiary; and (ii) to bind the Beneficiary to the terms of this Agreement; and (b) will ensure that all donations are disbursed properly and legally to the Beneficiary and all donations are used as described by the campaign.
- Receiving Funds.
As a Non-profit, receipt of funds is based on the payment processor, as described below. In addition, all Non-profits will be responsible for taxes based on their net income or gross receipts (if any).
Payments to Non-profits through WePay. If the Non-profit chooses to receive donations through WePay, the donation will be deposited in the non-profit’s WePay merchant account, less the Transaction Fee. Non-profits can electronically transfer the funds from their WePay Account to their Bank Account per the WePay terms of service. Please consult a tax advisor for any tax questions.
Payments to Non-profits through PayPal. If the Non-profit chooses to receive donations through PayPal, the donation will be deposited in the non-profit’s PayPal account, less the Transaction Fee. Non-profits can electronically transfer the funds from their PayPal Account to their Bank Account per the PayPal terms of service. Please consult a tax advisor for any tax questions.
- SUMBON provides instructive emails to Non-profits to assist them in more effectively using the Site and Services. Upon request from an authorized individual affiliated with a Non-profit, SUMBON will provide online reports identifying, where available, the name, address, email and transaction accounting (including amount of donation) details related to the individuals or entities that have made donations to the nonprofit.
- SUMBON will enable donors to post reviews and comments on their donations experience with the non-profits. As a provider of interactive services, SUMBON is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area.
Additional Information for Donors
Any individual, entity or organization that registers as a member and donates funds through the site or the services (`donor’) is subject to the following additional terms of these terms that apply specifically to donors.
- Donor’s Risk. All donations are at your own risk. Please make sure that when you donate to a given Non-profit and/or Foundation, you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. SUMBON does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.
- Donor Commitments By donating money through the site, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations to Non-profits/or Foundations are made as unrestricted gifts and may not be restricted to any particular purpose; (ii) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through Network for WePay; and (iii) all donations are final and non-refundable.
- Our Partnership with WePay. SUMBON has partnered with WePay to make raising money and donating to Non-profits/or Foundations easy and seamless. The manner in which transactions are processed is explained below. When WePay processes a donation through the site, the donation will go directly from the donor to the Non-profit’s/or Foundation’s WePay merchant account. Donations will appear on the donor’s credit card statement under the name of the Non-profits/or Foundations to whom they contributed.
- Tax Deductions. SUMBON makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. SUMBON will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any SUMBON user or any Non-profit. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
- 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 SUMBON 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 SUMBON, we do not operate, control or endorse any information, products or services on the Internet in any way. SUMBON 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.
What if I want to stop using SUMBON?
SUMBON is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. SUMBON has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Company.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org– we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. Neither SUMBON nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The Services are provided `AS IS’ and without any warranty of any kind from SUMBON or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
Electronic Communications. When you visit the site, use the services or send emails to SUMBON, you are communicating with us electronically. You consent to receive communications from SUMBON electronically. SUMBON may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that SUMBON provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to SUMBON at the following address : 450, Beach Park Boulevard, Foster City, CA 944044. Such notice shall be deemed given when received by SUMBON by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Limitation of Liability. To the Fullest Extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall SUMBON (or its Licensors or Suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to SUMBON in connection with the services in the Twelve (12) month period preceding this applicable claim or (iii) any matter beyond our reasonable control. Some States do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold SUMBON, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (`Claim’), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without SUMBON’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in [San Francisco County, California], in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Jurisdiction and Governing Law. You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Delaware, without giving effect to its conflicts of laws provisions. In addition:
- Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (`ADR Provider’) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, the SUMBON may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Delaware law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the site or services.
- Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (`AAA’). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively `Rules and Procedures’).
- You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- You and SUMBON must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR SUMBON MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, SUMBON will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) SUMBON also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
- The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Delaware law or United States federal law. Notwithstanding the foregoing, either you or SUMBON may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Delaware . Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Delaware, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Delaware for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
- With the exception of (d)(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor SUMBON shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Delaware. By using the site or services in any manner, you agree to the above arbitration provision. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org .
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of SUMBON to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms. SUMBON may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You and SUMBON agree that these Terms are the complete and exclusive statement of the mutual understanding between you and SUMBON, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of SUMBON, and you do not have any authority of any kind to bind SUMBON in any respect whatsoever. You and SUMBON agree there are no third party beneficiaries intended under these Terms. Nothing in these terms shall prevent SUMBON from complying with the law.