Terms and Conditions

Terms of Service

Updated December 2013

Crowdster.com, Inc. (referred to throughout as “us,” “we,” “our,” etc.) is the owner and operator of the www.Crowdster.com website, an online fundraising platform for nonprofit organizations. These Terms of Service apply to the www.Crowdster.com website, any subdomains thereof, any API integrations or widgets we offer, and any other website or webpages we own or operate that include a link to this statement (together collectively referred to as the “Website”). Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person ” you,” “your,” etc.) agrees to be contractually bound by these Terms of Service (the “Terms”).

Your use of the Website, or any of the services or features accessible therein, constitutes your acceptance of the Terms. If you do not wish to use the Website in accordance with the Terms, then you should immediately discontinue using the Website. Your sole remedy for dissatisfaction with the Website or any features or services offered therein is to stop using the Website or those features or services.

Updates to the Terms

We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.

Intellectual Property

The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.

You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.

If you are a nonprofit using the Website, any data you collect from persons you transact with through the Website will belong to you, subject to a nonexclusive, irrevocable, worldwide, royalty-free license that you hereby grant to us to use this data in order to administer your account and provide the features and services contemplated by the Website. You further agree that we may use this information to aggregate non-personally identifiable statistical information concerning the usage of our Website and the nonprofit fundraising industry, which such statistical information we may use in any manner we see fit.

By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable(through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.

General User Warranties

By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:

  • You have the authority to enter into this agreement.
  • Your decision to enter into this agreement and your use of the Website will not violate any applicable law, regulation, or ordinance.
  • Your decision to enter into this agreement and your use of the Website will not infringe the rights of any third parties.
  • You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website.
  • You will never use the Website, or any services we provide to you, in a manner that violates the law or the legal rights of a third party.
  • You are at least 13 years of age if you are using the Website as an individual.
  • You are at least 18 years of age if you are using the Website as a nonprofit.

Nonprofit Users

If you are a nonprofit using the Website, you represent, warrant, and irrevocably covenant (i) that these Terms have been agreed to and accepted by a person with the authority to bind your organization and (ii) that you are a legitimate nonprofit entity organized under the laws of one of the fifty states of the United States of America.

If you are a nonprofit using the Website to raise money, you appoint us as your agent for the limited purpose of collecting and periodically remitting the money you raise through the Website to you; we accept this appointment. The scope of this agency relationship is expressly limited to the collection and remittance of the money you raise through the Website. All other matters contemplated by these Terms are binding only as a result of the contractual nature of the Terms.

We will hold the money you raise through the Website in an account kept separate from our general business funds. You will remain equitable titleholder to the funds we collect on your behalf. We will remit funds collected on your behalf, less our fees, on the first and sixteenth of each month. Payments are offset by one payment cycle (to allow for refunds or chargebacks) as follows:

  • Money Raised
  • Distributed On
  • 1st-15th of the Month
  • 1st Day of the Following Month
  • 16th-31st of the Month
  • 16th Day of the Following Month

You will be able to access reports from your account on the Website which detail each contribution you’ve received through the Website, the fee applicable to that transaction, and any chargebacks which have been initiated against you. You will also be able to view an “Account Statement” which summarizes the amount you are scheduled to receive from us for a given payment period and what fees apply for that payment period. You will be able to export these reports in various common file formats.

You must create a Stripe.com account in order to raise money through the Website. We will only transfer money to your Stripe.com account. If you have not already established such an account, you agree to create one and comply with the terms of service of Stripe.com. If you do not want to use Stripe.com, you must contact a Crowdster support person to configure the site to point to your own credit card processor.

We will not solicit on your behalf nor will we act as a professional fundraising consultant to you. Nothing contained in these Terms shall be construed to create such a relationship.

Fees and Subscriptions

The pricing for subscription plans, including applicable transaction fees, may be viewed by clicking here. If you purchase a subscription plan or upgrade, you agree to be bound by the Subscription Agreement, which supplements these Terms and may be viewed below.

Transaction fees include all underlying credit card processing fees. For ticket or registration purchases, the transaction fee is applied to each individual ticket or registration even if several tickets or registrations are purchased as part of the same order.

International Use

This Website is not intended for use by nonprofit organizations organized under the laws of countries other than those of the United States of America.

You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department’s list of Specially Designated Nationals.

If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States.

Privacy

You accept our Privacy Policy, which you may view on the Crowdster.com website.

Waiver of Warranties

We disclaim all warranties, express or implied, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranty about the safety or security of the Website and you accept all risk related to technological threats. We make no warranties about the authenticity of nonprofits reachable through the Website, the potential tax deductibility of any transactions you make through the Website, the parties that may choose to advertise events through the Website (including such parties’ ability to complete a given transaction), or the administration, quality, legality, or safety of events advertised through the Website. We make no warranties concerning continuity of service; interruptions of indeterminable length may occur for any number of reasons and you assume all risk attendant with such interruptions. We only offer the Website and the features and services contained therein “AS IS” and “WITH ALL FAULTS.”

Release

You understand that we cannot control or monitor the behavior of the many third parties using the Website. As such, you hereby release us, our successors and assigns, our affiliates, and each of the foregoing’s respective directors, officers, employees, and agents (collectively, the “Releasees”) from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, attending, or authorizing an event posted on the Website, or (ii) the acts or omissions of third parties (collectively, the “Released Claims”). This release will apply even if one or more of the Released Claims is caused by, or contributed to by, the negligence of one or more of the Releasees.

In furtherance of the forgoing, you waive your rights under California Civil Code Section 1542 which states: “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.”

Limitation of Liability
We will not be liable to you for special, consequential, indirect, or incidental damages (including lost revenues or profits), on any legal theory, even if we have been advised of the likelihood thereof. Our aggregate liability arising out of these Terms and your use of the Website or the features and services provided therein, on any legal theory, will not exceed the greater of (i) $100 dollars or (ii) the amount you have paid us in the past twelve months. Applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney’s fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms.

Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.

General

These Terms will be governed by and construed in accordance with the laws of the State of New York, as such laws are applied to agreements made between California residents and performed entirely within the State of New York, and without regard to conflicts of laws principles.

The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Website will be the state and federal courts located in San Diego, County California. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.

You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.

These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.

Notwithstanding the foregoing, if we have given you pricing different than the pricing recited in the section above titled “Fees and Subscriptions,” then this fact shall not be construed as modifying or displacing these Terms, except for the limited modification of the directly affected pricing terms (e.g. the numbers we have agreed to change). In such a circumstance, you agree that you remain fully bound by these Terms of Service and that these Terms together with the modified pricing we have agreed to constitute the entire agreement between us. Any other modification to these Terms must be made in writing and signed by us.

If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.

Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waver of any other breach, or any succeeding breach.

The provisions of the sections of these Terms titled “Intellectual Property,” “Waiver of Warranties,” “Release,” “Limitation of Liability,” “Indemnification,” and “General” will survive termination.

The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.

If a dispute arises out of these Terms or your use of the Website  that we cannot resolve privately, then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney’s fees) incurred as a result of that litigation.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Subscription Agreement

This is an agreement (the “Agreement”) between Crowdster Inc. (“we,” “us,” “our,” etc.) and the nonprofit organization purchasing a Subscription Plan or Upgrade (both defined below) through the www.Crowdster.com website (such nonprofit referred to throughout in the second person, “you,” “your,” etc.). Your purchase of a Subscription Plan or Upgrade, or the renewal of such purchase, constitutes your acceptance of this Agreement. If you do not wish to accept the terms of this Agreement, then do not purchase a Subscription Plan or Upgrade.

Terms of Service

This Agreement adds to the Terms of Service it does not supplant or replace them. You are still fully bound by the Terms of Service. In the event that one or more of the express provisions of this Agreement directly conflicts with one or more of the provisions of the Terms of Service, the provisions of this Agreement will control. Any terms specifically defined in the Terms of Service will have the same meaning here as they do there.

Subscription Offerings

We offer a premium subscription plan (“Subscription Plan”). The Subscription Plan includes the core features that are offered in our basic product offering. In addition, the Subscription Plan allow you to (i) use your Google Analytics account to track activity on the pages you create on the Website, (ii) access advanced design features (described below), and (iii) utilize closed-loop search (searches performed through the pages you create on the Website only return activity related to your organization). The Subscription Plan also has reduced transaction fees associated with them (see “Subscription Pricing” below).

 

The advanced design features accessible with purchase of a Subscription Plan are:

  • Customize the color of your donation progress bar
  • Custom HTML on certain allocated spaces of the personal fundraising page
  • Custom subdomains, which is a distinct service from domain masking (see “Upgrades” below)

Subscription Pricing

The Subscription Plan has a monthly subscription cost and a transaction fee associated with it. The monthly subscription cost for the Subscription Plan is $299.

The transaction fees associated with the Subscription Plans are as follows:

  • 3.9% + $0.30 for each donation or individual ticket/registration sale
  • International transactions are charged an additional 1%

Transaction fees include all underlying credit card processing fees. For ticket or registration purchases, the transaction fee is applied to each individual ticket or registration even if several tickets or registrations are purchased as part of the same order.

Upgrades

In addition to the Subscription Plans we also offer certain upgrades, which you may purchase the right to use on a monthly basis. We offer the following three upgrades (each an “Upgrade” and collectively the “Upgrades”). These upgrade options are defined on the site and are updated periodically.

Payments

We use Stripe.com, a leading online payments solution for businesses to process the Subscription Plan and Upgrade purchases. You consent to the use of Stripe.com, its terms [https://stripe.com/us/terms], and privacy policy [https://stripe.com/us/privacy]. You agree that any acts or omissions on Stripe.com part which may adversely affect you are covered by the release contained in the Terms that deals with third parties.

Term and Renewal

You must pay upfront for any Upgrades or Subscription Plans you purchase. Each purchase will last for one month from the date you initially make that purchase (such date an “Initial Payment Date”). Unless you timely cancel, you will automatically be billed on each successive monthly anniversary of each Initial Payment Date for any Subscription Plans or Upgrades you purchased on that Initial Payment Date (each monthly anniversary a “Billing Date”).

For any given purchase, in order to prevent being billed for the next monthly period you must cancel the Subscription Plan or Upgrade before the next Billing Date applicable to that purchase. All sales and renewals are final. To cancel an upgrade or purchase you must e-mail us at subscriptions@Crowdster.com.

You may change your Subscription Plan after your initial purchase. If you decide to switch to a less costly Subscription Plan, you will receive account credit for the cost difference between your initial Subscription Plan and the one you switch to; this account credit will be pro-rated based on the number of days left in the current monthly billing period. Any account credit you receive must be applied to future purchases (or renewals) of Subscription Plans or Upgrades. You will not be entitled to a refund. If you switch to a more costly Subscription Plan, you will be charged for the difference in price between your initial Subscription Plan and the one you switch to; this charge will be prorated based on the number of days left in the current monthly billing period. Please keep in mind that if you switch your Subscription Plan, you will be billed on the next Billing Date applicable to the Subscription Plan, and each successive monthly Billing Date thereafter, for the subscription price of the plan you have switched to (unless and until you cancel your subscription altogether). To switch plans contact us at subscriptions@Crowdster.com.

If your card is declined or we are unable to process it for any reason at all, the Subscription Plans and/or Upgrades which were scheduled to renew on that Billing Date will not renew and you will no longer have access to the services and features associated with those Subscription Plans and/or Upgrades.

You understand and agree that your purchase of a Subscription Plan or Upgrade, does not grant you a right, title, or interest in the Website. Such purchase only gives you the limited right to use the Website and any purchased Subscription Plans or Upgrades for the month covered by such purchase. If you materially breach this Agreement, the Terms, or any provisions referenced therein, we may terminate your account before the time covered by your purchase of a Subscription Plan or Upgrade has elapsed and you will not be entitled to a refund. If the Website or the features or services provide therein become unavailable for any period of time, you will not be entitled to a refund. Notwithstanding the foregoing, if we choose to discontinue the Website, one or more of the Subscription Plans, one or more of the Upgrades, or your account with the Website (in accordance with our rights under the Terms), and you have an outstanding monthly purchase that becomes unavailable as a result, then you will be entitled to a refund of the pro-rata portion of the monthly payment you have made for the outstanding Subscription Plans and/or Upgrades that have been discontinued. This refund will be your sole and exclusive remedy for such discontinuation.

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