FLIPCAUSE SUPPORTER TERMS


Last Updated: July 25, 2020


These "Supporter Terms" forms part of the Terms of Use, located at https://flipcause.com/terms (as applicable the "Agreement"). From time to time, we may modify the Supporter Terms described on this page in accordance with the Terms of Use. Any capitalized terms we use in the Supporter Terms without defining them have the definitions given to them in the Terms of Use or Privacy Policy.



1. SUMMARY OF SERVICE


Flipcause.com is a platform where a registered "Account Holder" creates an "Account" to run "Campaigns" in order to raise money, collect personal data, and accept support from other users ("Supporters"). In order to maintain an active and open Account, Account Holders are required to have an active "Subscription" to use the Flipcause Service.


2. ACCEPTANCE OF TERMS


The Service is offered subject to acceptance of all of the terms and conditions contained in the Supporter Terms, including the Privacy Policy, located at https://flipcause.com/privacy, and all other operating rules, policies, and procedures that may be published on the Site by Flipcause, which are incorporated by reference and may be updated by Flipcause without notice to Users except in accordance with Section (1) of the Agreement. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Flipcause. Your use of those services are subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.


3. ELIGIBILITY


3.1. The Service is available only to individuals who are at least 16 years old. You represent and warrant that you are:


(i). an individual;


(ii). you are at least 16 years old;


(iii). if applicable, legal age to form a binding contract; and


(iv). that all registration information you submit is accurate and truthful.


3.2. Flipcause may, at its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.


4. CONTENT AVAILABILITY


4.1. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right, at any time, for any reason, and without notice to:


(i). cancel, reject, interrupt, remove, suspend a Campaign or Account;


(ii). remove, edit, or modify any Content, including, but not limited to, any User Submission; and;


(iii). remove or block any User or User Submission.



4.2. Flipcause reserves the right not to comment on the reasons for any of these actions.


5. RULES AND CONDUCT


As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms and Conditions or applicable law, including privacy laws. The Service is provided only for your own personal, non-resale use. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your Account to take any action, or submit Content, that:


(i). infringes any patent, trademark, trade secret, copyright, right of publicity, or other rights of any other person or entity, or violates any law or contract;


(ii). you know is false, misleading, or inaccurate;


(iii). is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;


(iv). constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;


(v). contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;


(vi). impersonates any person or entity, including any employee or representative of the Company.


(vii). harasses, defames, intimidates or threatens another User;


(viii). interferes with another User’s rights to privacy;


(ix). posts any trademark, logo, copyrighted material or other intellectual property without the authorization of the owner;


(x). operates, conducts, or promotes, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise, unless expressly permissible by law in applicable jurisdictions.


(xi). Additionally, you shall not:


(a) take any action that imposes or may impose (as determined by the Company at its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;


(b) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;


(c) bypass any measures the Company may use to prevent or restrict access to the Service (or other Accounts, computer systems, or networks connected to the Service);


(d) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or


(e) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.


(xii). You shall not directly or indirectly:(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.


(xiii). You shall abide by all applicable local, state, national, and international laws and regulations.



6. INTERACTION WITH CAMPAIGNS AND FUNDRAISING


Flipcause is a platform where an Account Holder runs Campaigns to garner support for various initiatives. All Users agree to be bound by the entire Agreement, including the following conditions:


(i). Supporters agree to provide their payment information at the time they make a Contribution to a Campaign, if applicable. The Contribution amount plus all applicable fees will be charged to your credit, debit card, or other financial instrument at the time of the Contribution.


(ii). The "Estimated Delivery Date" listed on each item or order is not a promise to fulfill by that date, but is merely an estimate of when the Account Holder hopes to fulfill the item.


(iii). Account Holders agree to make a good faith attempt to fulfill each item by the Estimated Delivery Date.


(iv). When a Supporter fills out a form in conjunction with a Campaign or other parts of our Service, Supporters consent to Flipcause delivering their personal data to the associated Account Holder. Supporter’s name, email, address, phone number and other information captured in conjunction with their use of our Service will be considered Account Holder Data and will be available to Account Holders to modify, store, delete and export in their Dashboard. Supporters can choose to remain anonymous on pages viewable to non Account Holders. Financial information of a Supporter is never disclosed to Account Holders.


(v). For some Transactions, Account Holders may need further information from Supporters, such as a mailing address or other information, to enable the Account Holder to deliver certain items or services. To receive an item or service, Supporters agree to provide the requested information to Account Holders.


(vi). By making a Contribution to a Campaign, Supporters agree to be added to the Campaign’s and Account Holder’s mailing list to receive Campaign email updates. Supporters may unsubscribe from Campaign email updates at any time.


(vii). Flipcause offers an SMS messaging service to allow supporters to participate in text to give services for fundraising campaigns for Flipcause Account Holders. You can opt-in to our services by texting “START” to 30203. You may choose to opt-in to our SMS messaging service at your own discretion, and you may opt-out at any time. We will communicate with you via SMS for the purposes of service alerts and notifications. Participating carriers include: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. Carriers are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages. As always, message and data rates may apply. Message frequency may vary per user. If you have any questions about your text plan or data plan, please contact your wireless provider. You can cancel the SMS service at any time. To cancel, text "STOP" to 30203. We will respond with a single SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. You may, at any time, text "HELP" to 30203 for a brief help message. We will respond with instructions on how to use our service as well as how to unsubscribe. You may also contact Flipcause support at: (800) 523-1950 or email us at sms_support@flipcause.com You can view our privacy policy here.


(viii). Flipcause does not offer refunds. An Account Holder is not required to initiate a Supporter’s request for a refund unless the Account Holder is unable or unwilling to provision the items or services they are obligated to fulfill.


(ix). Account Holders are required to initiate a Supporter’s request for a refund for unsatisfied events and undelivered items or services, and Account Holders are responsible to satisfy all events, items, or service obligations. Flipcause reserves the right to deduct the Transaction amount from Account Holder’s Account and refund the Transaction amounts to Supporters on a case-by-case basis. Flipcause will process refunds in accordance with Section (16), below, of this Agreement.


(x). Flipcause is not responsible for any damages arising from the sale of event tickets, sale of items or services, distribution of orders, or any other activity originating on the Site.


(xi). Account Holders are required to fulfill all orders for their Campaigns or refund any Supporter whose order they do not or cannot fulfill.


(xii). Account Holders may cancel or refund a Supporter’s Contribution at any time and for any reason, and if they do so, Account Holders are not required to fulfill the event, item, or service associated with that Contribution. Flipcause reserves the right to issue refunds from the Account Holder’s Account Balance if Flipcause deems the Account Holder in violation of any terms set forth in this Agreement.


(xiii). Account Holders should not take any action in reliance on having the funds raised through Campaigns until they have the have taken full possession of the funds owed to them.


(xiv). Because of occasional failures of payments from Supporters, Flipcause cannot guarantee the full receipt of the Contribution amount minus fees.


(xv). Flipcause and its payments partners will remove apply their Transaction Fees before transmitting proceeds to an Account Holder. Transaction Fees can be found at https://flipcause.com/pricing


(xvi). Flipcause reserves the right to cancel or refund a Charge at any time and for any reason.


(xvii). Flipcause reserves the right to reject, cancel, interrupt, remove, or suspend any Campaign at any time and for any reason. Flipcause is not liable for any damages as a result of any of those actions. Flipcause’s policy is not to comment on the reasons for any of those actions.


(xviii). Fundraisers agree to comply with all terms set forth within this Agreement and the Account Holder agrees to monitor all Fundraisers raising money on the Account Holder’s behalf to ensure compliance with the terms set forth within the Agreement. To be certain, any action made by a Fundraiser including but not limited to the processing of Transactions, use of intellectual property, and any other use of the Flipcause Service will be treated as if the Account Holder were taking such action themselves.


(xix). Supporters acknowledge that Flipcause, as the representative agent of the Account Holder, is the intended recipient of all Charges processed through the Service. Supporters agree that Charges processed by Flipcause will constitute the satisfaction of obligation to the Account Holder, and in effect, received, by the Account Holder upon receipt by Flipcause.


7. SERVICE FEES


7.1. Flipcause charges a per "Transaction Fee" to Account Holders for Transactions that create a Charge. A Transaction Fee is applied to every donation, order, payment, invoice, or any other Charge originating from the Flipcause Payment Gateway. The Transaction Fee is dependent on the Service plan selected during Account registration and in accordance with Section (15.1) of the Agreement. The Transaction Fee is listed at https://flipcause.com/pricing.


7.2. If the Supporter chooses, the Supporter has the opportunity to absorb the Transaction Fee on behalf of the Account Holder. If the Supporter chooses to absorb the Transaction Fee, the following conditions apply:



(i) The Transaction Fee will be added to the total Transaction Amount and charged to the Supporter’s submitted payment information.


(ii)The Transaction Fee is paid directly to Flipcause and will not be tax deductible.


(iii)The Transaction Fee will be considered paid, and a (0) percent Transaction Fee will be applied to the Account Holder’s Account Balance for the associated Charge.


7.3. If the Supporter chooses not to absorb the Transaction Fee, the Supporter pays a (0) percent Transaction Fee, added to the total Transaction Amount.


8. REFUNDS


8.1. Supporter Refunds: If a Supporter would like to request a refund, the Supporter can request the refund from the Account Holder. If the Account Holder would like to fulfill the request for a refund, the Account Holder or Supporter can utilize the Services or contact Flipcause to process the refund. Flipcause will use commercially reasonable efforts to process refunds requested by the Account Holder or Supporters in a timely manner after the Account Holder or Supporter authorizes the issuance of the refunds. Flipcause has no responsibility to provide individual refunds which have not been authorized by the Account Holder or Supporter in accordance with this provision. In addition, Flipcause will not issue any refund to a Supporter unless and until sufficient funds for the refund have been received from the Account Holder.


8.2. Canceled events or undelivered orders: No payments shall be made to an Account Holder from Flipcause with respect to any event that is cancelled, or for which the Account Holder otherwise authorizes a refund. If an event is canceled, Flipcause reserves the right to issue a refund to affected Supporters. If an event is rescheduled, Flipcause will use its sole discretion to determine whether it is considered a cancellation and therefore subject to the refund policy described in this Section.


8.3. Notwithstanding the foregoing, you acknowledge and agree that, to protect its reputation and the integrity of the Site, Flipcause shall have the right (but not the obligation) to force or provide a refund to Supporters for any or all amounts paid for event tickets or any other Transaction at any time for any reason or no reason, including without limitation if Flipcause receives complaints from a substantial number (as determined by Flipcause at its sole discretion) of Supporters with respect to the Account Holder or the applicable event, or Flipcause determines at its sole discretion that the Account Holder has engaged in any fraudulent activity or made any misrepresentations. Flipcause shall have no liability to an Account Holder in connection with or arising from any such decision to force or provide refunds.


9. PRIVACY


Flipcause may also collect registration and other information about Users through Flipcause’s Services. Flipcause’s collection and use of information collected about Users on Flipcause’s Services is governed by the Flipcause Privacy Policy, available at https://flipcause.com/privacy. The Flipcause Privacy Policy does not cover the usage of Account Holder Data by Account Holders that Flipcause collects on Account Holders’ behalf through the use of the Service. It is the Account Holder’s obligation to provide their own privacy policy or notice to their end users.



10. TRADEMARK INFORMATION


10.1. The Flipcause Logo and Name are registered trademarks of Flipcause, Inc. Flipcause trademarks may not be used in connection with any product or service that do not belong to Flipcause in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Flipcause. Other products or company names used on this website may be trademarks of their respective owners.


10.2. Please review Flipcause Trademark Guidelines, located at https://flipcause.com/trademarks, for additional guidelines regarding use of Flipcause and our affiliate’s trademarks.



11. MISCELLANEOUS


The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms and Conditions are personal to you, and are not assignable, transferable, or sub-licensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day by recognized overnight delivery service.


If you have any questions about our Supporter Terms please contact us at

legal@flipcause.com


Flipcause, Inc.

101 Broadway

Oakland, CA 94607

800-523-1950