Website Terms of Use

Last updated: February 24, 2021

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY.

 

SpreadKarma Terms of Use

 

These terms of use are entered into by and between you and SpreadKarma LLC, (referred to as “SpreadKarma,” “we,” “our” or “us” as the context may require). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.spreadkarma.org, including any content, functionality, and services offered on or through spreadkarma.org (the “Site“), whether as a guest or a registered user. WE PROVIDE THE SITE SOLELY ON THE TERMS AND CONDITIONS SET FORTH HEREIN AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. If you do not agree to these Terms of Use, you must not access or use the Site. 

 

Our Site is offered and available to all users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with SpreadKarma and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

Who we are: 

SpreadKarma is a social, donation-based fundraising platform. We offer the Site as a tool for social impact organizers who want to help underserved communities. Through the Site, individuals and organizations can start fundraising campaigns and other social impact campaigns (each, a “Campaign”). Campaigns may be created on the Site to solicit donations, resources and volunteers for specific projects that help traditionally underrepresented or underserved populations. 

 

Who we are not: 

We are not a broker-dealer, agent, creditor, insurer, lender or other financial institution, nor do we participate in the offer, sale or exchange of securities. We do not allow Campaigns to offer, sell or solicit investments. Nor do we accept Campaigns that fail to target underserved communities. SpreadKarma is a for-profit institution and is not a 501(3)(c) organization. Finally, we do not provide financial, legal, medical, tax, accounting or any other professional advice, and nothing on the Site should be interpreted as such. 

 

Creating a Campaign on the Site:

To begin a Campaign, you must be 18 years of age  or older and first register a user account on the Site. Users between the ages of 13 and 17 years of age can use the Site with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian agrees to be bound by our Terms of Use, including our Privacy Policy, and agrees to be responsible for such use of our Site and services. It is a condition of your use of the Site that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are at all times responsible for your account and all of the activity on it. You also are responsible for keeping your password confidential. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

A registered user may at any time create, launch, manage, promote, and fundraise for any number of Campaigns on our Site (such user, a “Campaigner”). A Campaign will not begin until the Campaigner has, among other things, created a profile, described the Campaign, set a fundraising goal, identified how donations will be used, and provided additional information as we may require. The Campaigner will also be redirected to StripeConnect, our external payment processor, and must create an account on their platform as well; this is a one-time process that must be done in order to receive donations and disbursements. We may request such additional information before, during or after the course of a Campaign, and the Campaigner is required to comply with any such request. Campaigns are considered active from the time they launch on our Site until the sooner of: (a) the stated Campaign goal has been reached; (b) the Campaigner elects to close the Campaign, which it may do at any time in its sole discretion; or (c) SpreadKarma elects to close the Campaign, which we may do at any time in our sole discretion. Certain Campaigns (“Campaign Funds”) may be created to accept donations on a recurring and indefinite basis. SpreadKarma will accept and manage donations for any project designated as a Campaign Fund.

 

Donating to a Campaign:

Any user of the Site may donate to an active Campaign (such user, a “Donor”). Any user may donate to a Campaign, whether or not such user has registered an account on the Site. At the time of donation, the Donor will receive a confirmation email to the email address provided. As a Donor, you consent to receive email communications from SpreadKarma and from the Campaigner following your donation.  

 

All donations are voluntarily made at the sole discretion of the Donor, and Donors assume all risk for their donations. SpreadKarma makes no representation, warranty, assurance or guarantee as to whether any portion of any donation is tax deductible or eligible for tax credit. All Donors should consult with an appropriate tax, legal, financial or other licensed professional advisor prior to making any donation via our Site. SpreadKarma makes no representation, warranty, assurance or guarantee regarding the accuracy, safety, legality or veracity of any Campaign or any information provided by a Campaigner. The Site is merely a platform to connect Campaigns to Donors. We are not a party to any agreements formed by and between Campaigners and Donors, and we are under no obligation to become involved in disputes among or between users of the Site. SpreadKarma will make all reasonable efforts to refund donations in cases of confirmed fraud, and such refunds or partial refunds will be processed from the funds remaining in the fraudulent Campaign’s account at the time the Campaign is closed. In all other cases, donation refunds are the sole responsibility of the Campaigner. If you suspect a Campaign is fraudulent or otherwise violates these Terms of Use, please contact us immediately. 

 

Campaign Fees; Disbursement of Campaign Proceeds: 

At the Campaigner’s request, we will disperse Campaign proceeds. In the case of Campaigns, the Campaigner must complete the withdrawal request form located on the Campaigner’s account dashboard. In the case of Campaign Funds, the Campaign must request disbursement in an email to us. We will only disperse Campaign proceeds to the Campaigner or to a recipient the Campaigner designates in writing. SpreadKarma will disperse Campaign proceeds to the account the Campaigner lists on the withdrawal request form. SpreadKarma adopts a “take what you raise” model and distributes proceeds to Campaigners at the close of their Campaigns, irrespective of whether the stated goal was reached. Although there are no fees to launch a Campaign, SpreadKarma collects an administrative fee of 4.5 percent at the time of disbursement of all Campaign money raised. Our payment processor (Stripe) will also collect its standard processing fee of 3.9%, and this fee will be deducted from each donation at the time it is given. SpreadKarma will transfer Campaign proceeds electronically to the account provided by the Campaigner at the time of the withdrawal request. Campaigners are responsible for ensuring that all account information provided to SpreadKarma is accurate and complete. All Campaign proceeds will be in U.S. currency. 

 

Prohibited Uses:

No one may use the Site in a manner that violates any applicable law, regulation or rule, nor may any Campaign violate or infringe upon the legal rights of another. Campaigners are also prohibited from making false, defamatory or misleading statements in connection with their Campaigns. Finally, we do not allow any of the following to be advertised, solicited, promoted, or exchanged anywhere on the Site: 

  • Any form of security, as that term is defined under applicable federal or state law or regulation;
  • Any drug, alcoholic beverage, tobacco product, dietary supplement, or perishable item;
  • Any weapons or ammunition; and
  • Any medical, legal, tax, accounting, or regulated financial service

Additionally, you agree not to:

  • Exploit, harm or attempt to exploit or harm minors in any way, whether by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • Send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
  • Transmit, or procure the sending of, any advertising or promotional material without our prior express written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • Impersonate or attempt to impersonate SpreadKarma, a SpreadKarma employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Site; or 
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm SpreadKarma or users of the Site or expose them to liability.

Our Relationship: 

Nothing within the Site or these Terms of Use creates any association, partnership, joint venture, employee, or agency relationship between you and SpreadKarma for any purpose. You agree that you will not hold yourself out as having authority to bind SpreadKarma to any agreements, or make any representations on SpreadKarma’s behalf without prior written consent.

 

User Contributions:

The Site may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with these Terms of Use, including the terms of the Privacy Policy and any additional documents or terms incorporated into these Terms of Use by reference.

 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant to us that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns; and (b) all of your User Contributions do and will comply with these Terms of Use. 

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SpreadKarma, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

 

Links from the Site:

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes all links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Intellectual Property Rights:

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SpreadKarma, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We grant each user a limited, non-exclusive, non-transferable, revocable license to use our Site and services subject to each user’s eligibility and continued compliance with our Terms of Use and Privacy Policy.

 

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site. 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by SpreadKarma. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Trademarks:

The SpreadKarma name, the SpreadKarma logo and all related names, logos, product and service names, designs and slogans are trademarks of SpreadKarma or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

 

Geographic Restrictions:

SpreadKarma is based in the State of Maryland in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Warranty Disclaimer:

THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

Limitation of Liability:

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, SPREADKARMA, ITS AFFILIATES, DIRECTORS, AGENTS OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR REVENUE, USE,  OR DATA, DIMINUTION IN VALUE, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF INFORMATION YOU PROVIDE ON THE SITE; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR OUR PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

 

If you have a dispute with one or more third parties in connection with your use of the Site, including a Campaigner or a Donor, you release us (and our present and former, direct and indirect, parents, subsidiaries, affiliates, employees, officers, directors, shareholders, members, agents, representatives, successors, and assigns) from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity, arising out of or relating to such disputes. 

 

You represent to us that you have been made aware of, and understand, the provisions of California Civil Code Section 1542 (“Section 1542“), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” By using the Site, you expressly, knowingly and intentionally waive any and all rights, benefits and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.

 

Indemnification:

You agree to defend, indemnify, and hold harmless SpreadKarma, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, information or material you provide on the Site, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use or misuse of any information obtained from the Site.

 

Governing Law and Jurisdiction:

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the state and federal courts of the State of Maryland, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you agree to waive any right to a jury trial.

 

Arbitration:

In our sole discretion, we may require you to submit any disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

 

Limitation on Time to File Claims:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability:

No waiver of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SpreadKarma to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

 

Entire Agreement:

The Terms of Use constitute the sole and entire agreement between you and SpreadKarma with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. 

 

Modification of Terms:

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms of Use by posting a notice on this page. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

 

Assignment:

We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH OUR PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.