Welcome to Crowdpac!
- We’ve tried our best to make the language in these Terms of Service as simple as possible, but had to cover our bases with some legal language. If you are confused about anything, you can always send us an email: firstname.lastname@example.org
- Nothing in this Agreement shall be deemed to place you and Crowdpac in the relationship of employer-employee, principal-agent, affiliates, partners or joint venturers.
- The invalidation of any portion of these Terms of Service shall not impair or affect the validity of any other provisions.
- These Terms are intended for the sole and exclusive benefit of the you and Crowdpac and is not intended to benefit any third party. Only the parties to these Terms may enforce them.
Changes to This Terms of Service Agreement
We reserve the right to change the provisions of this Terms of Service at any time. We will make clear that changes have been made by indicating on the Terms of Service the date it was last updated. Unless otherwise stated in the amendment, the amended Terms of Service will automatically be effective seven days after it is initially posted on the site. We encourage you to review this Terms of Service from time to time to make sure that you understand how any Personal Information you provide will be used.
Questions or comments regarding your privacy or this Terms of Service should be sent to email@example.com.
Creating an account, community, or a campaign
- To create an account, community or campaign on our site you must be 18 years or older. If you do create or administer a campaign or community, that campaign or community is subject to our Campaign and Community Terms of Service.
- You can connect using your already existing Facebook, Twitter or Google accounts, or sign in with your email address. You are responsible for your account and information you provide must be true and accurate.
- To change or modify an account, you’ll need to log in at www.crowdpac.com/login. If you have forgotten your password, you’ll need to reset it at www.crowdpac.com/user/password/remind
- To delete an account, please email us at firstname.lastname@example.org with the email attached to your account.
How Donating (Funding) Works
- Donations are financial contributions from an individual to a campaign, organization, or candidate.
- Pledges are revocable promises to make a financial contribution.
- With pledges, your credit card will only be charged if the conditions to which you agree are met, and you can cancel the pledge at any time. If the conditions are not met, your method of payment will not be charged.
- We’ve partnered in the US with Democracy Engine, a nonpartisan donation processor specializing in complex campaign finance and nonprofit transactions. You can find out more here: http://www.democracyengine.com/
- Unlike other donation platforms, when you make a donation through Crowdpac, we pass 100% of your donation to the candidates or organizations you want to support. To do this, we add a 3.75% + $.30 processing surcharge on top of your donation that goes to our payment processor, Democracy Engine, and also suggest a small voluntary amount (a “tip” if you will) that you can pay to help support our platform.
- Crowdpac also offers unique conditional pledge campaigns powering new ways to engage in grassroots fundraising and advocacy. When you make a pledge to a conditional campaign, we deduct a 4.25% fee to support our platform on top of the standard 3.75% + $.30 processing fee from any pledges that convert to donations.
- Pledges that do not convert to donations incur no fees.
- Crowdpac also offers premium services to clients. In some cases, those clients may underwrite processing fees, passing 100% of your donation to the candidate or organization of your choice with no processing charges paid by you.
- In all cases, to verify credit cards and bank information, a $1 temporary charge is tested on each form of pledge or donation. These temporary charges are not actual payments, they are tests and go away.
- One of our primary objectives is to increase voter information for various races around the country, and so we have profiles set up for many candidates. Our aim is to have all candidates in the US. These profiles, as well as our analysis of campaign contributions, serves to provide our users objective information when they are deciding who to support.
- In cases where our users want to donate to candidates they find on Crowdpac, we act as a platform to connect the donor to the candidate. For purposes of campaign finance, donations made through Crowdpac are direct donations from the donor to the candidate.
- We are FEC approved, please see FEC Advisory Opinion AO 2014-07
- We aim to have accurate and current information, if you spot any errors or omissions, please email us at email@example.com.
- If you’ve made a pledge and changed your mind about contributing to a candidate/organization, email us: firstname.lastname@example.org with your full name and the pledge you would like to cancel. We will then not process your payment.
- Donations can be refunded if you make a request before the funds have been transferred to the recipient. Let us know as soon as possible, email: email@example.com with your full name, the name of the candidate/campaign you donated to and the last four digits of the card used to make the donation. If however, the funds have already been transferred to the recipient, you will need to contact the recipient directly to request a refund.
- You can stop using our services at any time and end your agreement with us without charge. For both users and campaign or community creators, please email us at firstname.lastname@example.org and request to cancel your accounts.
Account, Password, and Security
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Crowdpac for accessing the services. You are solely and fully responsible for all activities that occur under your password or account. Crowdpac expressly disclaims any liability from misuse of your account. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact Crowdpac immediately email@example.com.
Links to Other Websites
- Our site contains links to other websites. Crowdpac is not responsible for the privacy practices of other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information.
Crowdpac’s Intellectual Property (Copyright)
- Crowdpac’s name and logo are protected by copyright, database, registered and unregistered trademark, patent and other intellectual property laws. You may not use any of Crowdpac’s trademarks, logos, domain names or other distinctive brand features without prior authorization. Please email us if you would like to use any of the above. firstname.lastname@example.org.
Governing Law & Dispute Resolution
- We encourage you to reach out to us with your issues, claims, and disputes before reaching out to the courts. In the case where we can’t come to an agreement, exclusive jurisdiction for any dispute, claim or controversy arising from the use of the crowdpac.com website shall be in the federal and state courts located in San Francisco County, California, and will be construed according to the substantive laws of the State of California without reference to its conflicts of law principles. Disputes arising from the use of the crowdpac.co.uk will be governed according to our UK policy.
Disclaimer of Warranties and Limitation of Liability
- We’ve worked hard to provide you with these services, but can’t guarantee that things will always run as we had intended it to. Use of our services is “as is” and “as available”, without any warranty of any kind. You use our services at your own risk.
- No advice or information, oral or written, that you obtain from the use of our services shall constitute any warranty.
- Crowdpac shall not be held liable for any errors and omissions in content, losses, or costs that are outside of our control, such as problems with links, payment processing, content on third party sites, or result from inability to access and/or use our services.
Crowdpac Campaign and Community Terms of Service
We’ve tried our best to make the language in these Terms of Service as simple as possible, but had to cover our bases with some legal language. If you are confused about anything, you can always send us an email: email@example.com
Legal agreements have a lot of words that are important to courts and lawyers, but not always intelligible to the rest of us. To make it a bit easier, we have broken out some highlights of what you are agreeing to below:
- You can only use information about your donors (such as addresses and emails) for actions directly related to the campaign or community. You can't sell it, give it away, or use it for any other purpose.
- You must follow our community standards and not use our platform to be abusive or for any sort of illegal activity.
- You may not put pictures/videos on our site that you do not own without the express permission of the owner.
- Things break - we cannot guarantee that everything will work perfectly but will work with you to make fixes as quickly as possible.
- If there is a legal dispute, we will use binding arbitration. This keeps costs down for both of us.
- Send all questions, account cancellation requests, and official correspondents to firstname.lastname@example.org
If you do not follow all of our terms, your account may be suspended and Crowdpac will take appropriate legal action at the advice of our attorneys.
Having given you the highlights in plain english, we also need you to review the full terms. So, grab a cup of coffee, take a deep breath, and please read through all of the following:
CROWDPAC CAMPAIGN AND COMMUNITY TERMS OF SERVICE
By creating or administering a Campaign or Community on Crowdpac’s (“we” or “us” or “Company”) website (together with any materials and services available therein, and any successor website(s) thereto, the “Site”), you (“you” or “Campaign Creator” or “Community Creator” or “Community Administrator” or “Creator”) agree to these Campaign and Community Terms of Service (the “Agreement”). In the event of a conflict between these terms and our Terms of Service, this Agreement shall control.
A. Creator Obligations; Responses; Use of Site
2) In connection with the Campaigns, Communities and the Site, Creator shall not, directly or indirectly: (a) use any of the Campaigns or Communities in any way that would breach this Agreement or would be abusive, harassing, tortious, or otherwise could result in civil or criminal liability or in excessive non-acceptance, refunds and/or chargebacks of Contributions; (b) violate any applicable law, rule or regulation, including election, campaign finance, and/or tax law, rules or regulations, and/or debit/credit card system or association rules; (c) send or receive funds obtained by or connected with fraud; (d) use any Campaigns or Communities in connection with unsolicited or unauthorized email or other unethical or illegal methods; (e) provide false or misleading information or impersonate any person or entity, including, but not limited to, any representative of Company or Creator, or misrepresent Creator’s affiliation with any person or entity; (f) refuse to reasonably cooperate in any investigation related to the Campaigns or Communities; (g) intercept, monitor, interfere with or disrupt any Campaigns, Communities or the servers, networks or communications systems connected to them or any security functionality of Company or any third party; (h) use or introduce any spyware, adware, viruses, trojan horses, worms or similar invasive, destructive or self-replicating code in connection with the Campaigns or Communities; (i) use any automated system, such as “robots” or “spiders,” to access Company’s systems or Campaigns or Communities significantly faster than a human or to monitor activity on such systems or Campaigns or Communities; (j) post, transmit or otherwise make available through or in connection with any Campaign or Community or the Site any materials that are or may be protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; (k) restrict or inhibit any other person from using any Campaign or Community or the Site; (l) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site or any Campaign or Community except as expressly authorized herein, without Company’s express prior written consent; (m) reverse engineer, decompile or disassemble any portion of any Campaign, Community, or the Site, except to the extent such restriction is expressly prohibited by applicable law; or (n) frame or mirror any portion of any Campaign or the Site, or otherwise incorporate any portion of any Campaign, Community or the Site into any product or service, without Company’s express prior written consent. Company shall be the sole arbiter as to what activities violate the foregoing.
3) Company may provide forms or mechanisms for Creator to provide content for feedback, testimonials, suggestions and ideas about Company’s products and services, or Creator may provide such content through other means (“Responses”), and accordingly, Company may use any Responses in any way, including in future versions of its products or services, and/or its advertising or promotions. Creator grants Company a perpetual, worldwide, non-exclusive, irrevocable, transferable, sublicensable, license without royalty or other compensation to use, copy, distribute, create derivative works of, transmit, perform, display and otherwise exploit the Responses, in any manner and for any purpose.
4) Subject to the terms and conditions of this Agreement, and solely for so long as Creator is permitted by Company to use the Site, (a) Creator may access and use the Site for its own use in connection with a Campaign or Community or to use such other functionality as Company may make available to Creator through the Site; and (b) Company will provide Creator with any necessary information to access the Site, including, if applicable, any username, password and/or other login information (collectively, “Access Credentials”). Access Credentials are for Creator’s and its authorized employee’s use only and must be kept confidential. Creator will be responsible for the acts and omissions of its employees, and for all use and misuse of Access Credentials provided to Creator. Creator will promptly notify Company of any actual or suspected confidentiality breach or unauthorized disclosure or use of Access Credentials.
5) Creator hereby grants to Company a non-exclusive, worldwide, royalty-free and sublicensable (through multiple tiers) license, during the Term (subject to the following sentence), to reproduce, distribute, perform and display (publicly or otherwise), link to and otherwise use any content (including imagery) provided by or on behalf of Creator to Company in connection with this Agreement (“ Creator Content”) in order for Company to perform its obligations or exercise its rights under this Agreement. This includes the use of any content anywhere on Company’s website. Notwithstanding the foregoing, any Creator Content made available on or through any website or other online property or asset prior to the termination of this Agreement may continue to be so made available following termination of this Agreement. Creator represents and warrants to Company that (a) Creator has the right to grant the rights and licenses contemplated by this Agreement, without the need for any licenses, releases, consents, approvals or immunities not yet granted; and (b) the Creator Content, any Responses and Company’s exercise of its rights under this Agreement, do not and will not infringe, misappropriate or violate any intellectual property rights, privacy or publicity rights, or other rights of any third party or any applicable law.
6) Except as otherwise expressly provided herein, (a) nothing in this Agreement will be deemed to grant, directly or by implication, estoppel or otherwise, any right or license with respect to any technology, content or other materials (including any intellectual property rights therein), and (b) each party retains all right, title and interest in and to their respective intellectual property rights.
B. Relationship of Parties
Nothing in this Agreement shall be deemed to place Creator or Company in the relationship of employer-employee, principal-agent, affiliates, partners or joint venturers. Except as expressly agreed by the parties in writing, neither party will have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever. Nothing contained in this Agreement is intended to create or creates an exclusive relationship between the parties, and each of Company and Creator are free to enter into similar agreements with third parties.
C. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
1) THE CAMPAIGNS, COMMUNITIES, THE SITE AND ANY INFORMATION, MATERIALS AND OTHER RESOURCES MADE AVAILABLE THEREBY (COLLECTIVELY, THE “OFFERING”) ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, AND COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND IN CONNECTION WITH THE OFFERING OR THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY HEREBY DISCLAIMS ANY AND ALL (A) LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE BY CREATOR OR ANY OTHER PARTY PLACED ON ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE OFFERING; AND (B) IMPLIED WARRANTIES WITH RESPECT TO THE OFFERING, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE CAMPAIGNS OR COMMUNITIES OR THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
2) Creator will defend, indemnify and hold harmless Company, and its officers, directors, members, employees, suppliers and agents, and the owners of sites that link to or display contribution forms or pages provided by Company, from any loss, damage, liability or cost (including reasonable attorneys’ fees) resulting from any third party claim that arises out of Creator’s breach of this Agreement, Creator’s use of, or activities in connection with, the Campaigns, Communities or the Site, and/or chargebacks, refunds, fees, interest, penalties or the like imposed by third parties in connection with any account(s) used by Company in connection with the Campaigns or Communities and/or payments under this Agreement.
3) NEITHER COMPANY NOR ANY OF ITS SUPPLIERS, AGENTS OR SPONSORS WILL BE LIABLE TO CREATOR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, SAVINGS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE OFFERING OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT COMPANY OR SUPPLIER, AGENT OR SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE AGGREGATE LIABILITY OF COMPANY AND ITS SUPPLIERS, AGENTS AND SPONSORS UNDER THIS AGREEMENT, COLLECTIVELY, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED, THE GREATEST FEES PAYABLE BY CREATOR TO COMPANY UNDER THIS AGREEMENT WITH RESPECT TO ANY MONTH DURING THE TERM.
D. Term and Termination
1) Unless earlier terminated in accordance with the terms of this Agreement, this Agreement shall remain in effect for 18 months and upon expiration of such period shall be automatically renewed on a month-to-month basis (as renewed, the “Term”).
2) Either party may terminate this Agreement for cause by written notice immediately upon the occurrence of any of the following events as to the other party: (a) if the other party ceases material operations, or otherwise terminates its business or fundraising operations; (b) if the other party materially breaches any material provision of this Agreement and fails to cure such breach within ten (10) days of written (including email) notice describing the breach.
3) Either party may terminate this Agreement for convenience with ten (10) days prior written (including email) notice.
4) Upon termination of this Agreement, any right of Creator to use the Site in connection with a Campaign or Community will immediately cease, Creator will pay Company for all amounts due to Company under this Agreement up through the termination date within 30 days following such termination date, and Company may, without liability to Creator or any third party, immediately deactivate or delete Creator’s Access Credentials, User Data, Creator Content and all associated materials, without any obligation to provide any further access to such materials. The Preamble and Sections A(1), A(2), A(3), A(4) (last 3 sentences only), A(5) (as provided therein), A(6), B, C, D(4) and E to G inclusive of these Campaign and Community Terms, together with all related defined terms, shall survive the termination of this Agreement.
3) In the event that a user has granted permission for Company to share an e-mail address with the Creator, Company may do so at its sole discretion.
F. Arbitration; Waiver of Class Action Rights
1) Each party hereby agrees that any dispute, claim or controversy (other than claims for equitable relief or concerning Company’s intellectual property) between Creator and Company arising from or in connection with this Agreement or Creator’s use of any Campaign, Community or the Site and all related matters (each a “Claim”) shall be resolved by binding arbitration. Arbitration replaces the right to appear in court, and each party also agrees to waive any right that it might have to a jury trial or the opportunity to litigate any Claims in court before a judge or jury. Either Creator or Company may require the submission of a Claim to binding arbitration at any reasonable time notwithstanding that a lawsuit or other proceeding has been commenced.
2) Neither Creator nor Company will be entitled to join or consolidate Claims by or against the other in any arbitration, or to include in any arbitration any Claim as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
3) This section F is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (Title 9 of the United States Code, as amended). The party filing a Claim(s) in arbitration must file its Claim(s) before a single arbitrator appointed by the American Arbitration Association (“AAA”) under its then-current commercial disputes rules, as amended by this Agreement. For any Claim of less than $10,000, Company may elect non-appearance based arbitration through AAA or another mutually-approved arbitration provider, and in such event the arbitration shall be conducted by telephone, video conference, and/or online, and/or be based solely on written submissions of the parties. The arbitrator must be a lawyer actively engaged in the practice of law or a retired judge, and must have relevant expertise.
4) The arbitrator shall not have authority to vary the terms or conditions of this Agreement. The arbitrator’s award shall be final and binding on the parties, except that either party may seek judicial relief for any alleged failure by the arbitrator to comply with the preceding sentence, and either party may also seek judicial relief to enforce an award if necessary.
5) This section F does not prevent Creator or Company from exercising any lawful rights to other self-help remedies, such as setoff rights.
6) Creator and Company each shall take all steps and execute all documents necessary for the implementation of arbitration proceedings. Neither the parties nor the arbitrator may disclose the content or results of any such arbitration, except as required by court order or applicable law, rule or regulation. The parties shall share equally the costs assessed by the AAA or the arbitrator and other joint costs of the arbitration, but each party shall bear its own attorneys’ and experts’ fees and other costs incurred that are solely attributable to that party’s decision and actions.
7) Subject to the foregoing, Creator agrees that exclusive jurisdiction for any dispute, claim or controversy between Creator and Company arising from or in connection with this Agreement or Creator’s use of any Campaign, Community or the Site and all related matters shall be in the federal and state courts located in San Francisco County, California, U.S.A.
1) Governing Law. This Agreement is made and will be construed according to the substantive laws of the State of California without reference to its conflicts of law principles.
2) Severability. The invalidation of any portion of this Agreement will not and shall not impair or affect the validity of any other provisions.
3) Marketing. Creator grants Company a paid-up, royalty-free, worldwide, non-exclusive license to use Creator's name and marks to identify Creator as Company’s Creator in marketing or similar materials, including Company's web site.
4) Assignment. Creator may not assign this Agreement, in whole or in part, without prior written consent of Company. Any attempt by Creator to assign this Agreement without such consent shall be void. Company may assign this Agreement, in whole or in part, without prior written consent of Creator, to successors-in-interest to all or substantially all the business or assets pertaining to the Campaigns or Communities, whether by merger, reorganization, asset sale or otherwise. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of both parties, and their successors and assigns.
5) Force Majeure. Any delay in or failure of performance by Company of its obligations under this Agreement will not be considered a breach of this Agreement and will be excused to the extent such delay or failure of performance is caused by any occurrence beyond the reasonable control of such party, which occurrences may include, but not limited to, acts of God; failures of the Internet, telecommunications or payment processing facilities; bank holidays, market closures, or other government interventions; war; riot or labor strikes; and similar events.
6) Entire Agreement; Changes; Waiver. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter. In the event of a conflict between the terms of these Campaign and Community Terms and the general Terms of Service for the Site, the terms of these Campaign and Community Terms will control to the extent of such conflict. This Agreement may only be modified, or any rights under it waived, by a written document executed by authorized signatories of both parties. No failure or delay on the part of either party in the exercise of any right or privilege hereunder will operate as a waiver thereof or of the exercise of any other right or privilege hereunder, nor will any single or partial exercise of any such right or privilege preclude other or further exercise thereof or of any other right or privilege.
7) No Third Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of the Company and Creator and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.
8) Headings; Interpretation. The headings in this Agreement are for the convenience of reference only and have no legal effect. The words “include,” “includes” and “including” in this Agreement will be deemed to be followed by the phrase “without limitation.”
9) Remedies. The rights and remedies of Company in this Agreement, at law or in equity, are cumulative and are not intended to be exclusive of one another.
10) Notices. Any notice, request or other communication required or permitted under this Agreement will be in writing (including by e-mail) and given to the appropriate party at their respective address by (i) personal delivery; (ii) certified or registered mail, postage prepaid; or (iii) email. Notices given as provided in this Section will be deemed effective: (x) on the date hand delivered; (y) on the third business day after the depositing thereof into the exclusive custody of a national postal service with all required postage paid in full; and (z) on the date of a verified electronic mail transmission. Either party may designate, by proper notice to the other party, a substitute address or addresses for notice; thereafter, notices are to be directed to those substitute address or addressees.
Effective date of this version: March 31, 2017