Terms of Service Agreement

Last updated on July 31, 2018

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SCOREFUNDS TERMS AND CONDITIONS OF USE

 Acceptance of Terms and Conditions of Use

By using, registering or accessing this website, you agree to the following Terms and Conditions of Use (“Terms of Use”).  Please read these Terms of Use completely before using or continuing to use this site.  The Terms of Use set forth legally binding terms and conditions for your use of the website www.scorefunds.com (“Site Platform”). Please also read our Privacy Policy, which is a part of these Terms of Use.  These terms cannot be modified by any party other than allgoods, LLC d/b/a Scorefunds.  If you disagree with any term in these Terms of Use or the Privacy Policy, discontinue use of this Site Platform.  These Terms of Use are subject to revision at any time, without notice to Users, and any changes will be effective at the time they are posted.  Use of the website following any revision of these Terms of Use is an acceptance of any change.

 

General

Scorefunds is a social fundraising platform that allows Users to use the Site Platform to solicit charitable contributions for sports teams they wish to support.  Scorefunds licenses the use of its Site Platform to Users that wish to raise money on behalf of sports teams (“User Fundraisers”) and to those Users donating to sports teams ("User Donors") through a fun, flexible, and social giving experience.  User Fundraisers and User Donors are “Users” of Scorefunds Site Platform and will be referenced collectively as “Users” herein unless specifically identified as “User Fundraisers” or “User Donors.”  Scorefunds does not create, originate, control or endorse content posted by Users.  Scorefunds is not sponsored by or in partnership or affiliation with any third party institution associated with events, activities or functions on the Site, including any Fundraisers and any sports organization, team or player.  Users understand that Scorefunds does not control and cannot provide any representations as to the truthfulness, quality, timing, responsibility, or legality of any posting, User information or actions.  Users are solely responsible for confirming the accuracy of any information and identity of any individual.  All Users expressly agree not to hold Scorefunds liable for any harm or damages relating to or arising out of use of this Site Platform.  Scorefunds expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown.   

 

User Eligibility

User Fundraisers represent and warrant that they are at least 13 years of age.  User Donors represent and warrant that they are at least 18 years of age.  Users are responsible for providing accurate and complete information to Scorefunds in connection with their registration and use of the Site Platform.  Users represent and warrant that they are authorized and able to legally contract with Scorefunds, individually or as the authorized agent of the entity registered, and that all information submitted is truthful and accurate. Users understand and agree that Scorefunds does not independently verify any User’s age or other registration information.  Users represent and warrant that any entity registered as a User of the Site Platform is validly and duly registered, established, or incorporated under applicable state and federal law and is in compliance with all applicable legal registration or reporting requirements.  Users agree to promptly provide to Scorefunds any additional information or documentation, as requested, to confirm or verify User eligibility or content posted, and agree that any refusal or delay in providing that information may result in immediate denial or termination of eligibility to use the Site Platform.  Scorefunds reserves the right to refuse to register or offer the Site Platform to any entity or individual in its sole discretion, and may change its eligibility criteria at any time. Scorefunds may terminate at any time the registration of any User that Scorefunds, in its sole discretion, concludes has provided inaccurate or incomplete registration information or who does not to meet the eligibility requirements, without notice or refund for any payments made. 

 

User Responsibilities

Scorefunds is not responsible for the use of any funds collected and distributed to any User Fundraisers and/or sports team.  Scorefunds does not endorse the mission or purposes of any User Fundraisers and/or sports team nor does Scorefunds monitor or verify the use of any contributions.  Donors are solely responsible for any pledges and are encouraged to fully evaluate any User Fundraisers and/or sports team before contributing money to that User Fundraisers and/or sports team. Donors must resolve any conflicts or disputes arising out use of funds or missions directly with the User Fundraisers and/or sports team.  Users are responsible for compliance with all applicable laws and regulations implicated or arising from their use of the Site Platform.  Each User agrees to be the only user of his or her account and assumes full responsibility for any materials uploaded, transmitted, posted, linked, emailed or distributed.  Scorefunds only licenses the Site Platform to be used by Users.

 

Each User agrees that he or she will NOT use the website for any illegal or inappropriate purpose, and affirmatively agrees not to:

 

·      Upload, post, email, distribute or transmit any material that is unlawful, harmful, abusive, threatening, harassing, tortious, defamatory, offensive, obscene, libelous, discriminatory, infringing, or invasive of another’s privacy;

·      Upload, post, email, distribute or transmit any material that is false, deceptive, misleading, or designed to defraud any User, sports team or third-party;

·      Infringe any copyright, trademark, right of publicity or any other intellectual property or other right of any other person or entity, or violate any contract;

·      Impersonate another person or entity or allow any other person or entity to use the User’s account;

·      Upload, post, email, distribute or transmit any unauthorized material; including advertising, contest or promotional materials, spam, or any material that contains any viruses, malware, Trojan, or other computer code designed to interrupt, destroy, or limit the functionality of any software or hardware, or intercept or expropriate any data or personal information;

·      Collect, disseminate or store personal or financial data about other Users for any purpose other than as authorized by these Terms of Use; or

·      Engage in any unlawful conduct, including, but not limited to, engaging in any activity violative of any applicable laws regulating charitable solicitations.

 

Users acknowledge sole responsibility for any actions or information which violates these Terms of Use.

 

Users agree that it is the sole responsibility of the User to evaluate all material, including the accuracy, completeness, or usefulness of the material.  The User bears all risks of relying on any material uploaded, posted, emailed or distributed, or the representations of any other User, including third-party links and content.  Users are encouraged and agree to make their own decisions and assessments before making any contribution to any User Fundraisers, sports team or any third-party, or posting any sensitive information. 

 

The rights to use the Site Platform granted herein apply solely to permitted Users, and no other parties.  You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Site Platform, the proper operation of the Site Platform, the features that prevent or restrict use or copying of any content or results or enforce limitations on use of the Site Platform or content therein.  You will not take any action that imposes or may impose an unreasonable or disproportionately large load on the Scorefunds platform or technology unless required by applicable laws.  You will not harvest or otherwise collect information about content or Users.  You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” that access the Site Platform or its content or Output, including related links, in any manner.

 

Charitable Solicitations 

By using this Site Platform, Users agree to comply with all applicable state charitable solicitation statutes and regulations, including, but not limited to registering with the respective state agencies requiring registration prior to engaging in any charitable solicitations in the respective state, if required.  Users further agree by using this Site Platform that any solicitation of charitable contributions you post on the Site Platform, send via email or otherwise, are your own and are not the solicitations of Scorefunds or any of its employees, agents, or assigns.  Users further agree by using this Site Platform that Scorefunds does not engage in any charitable solicitation on behalf of any charitable organization, sports team, individual, or other entity, and further is not responsible for any language you create or post on the Site Platform or send via email to any recipients whatsoever.  Users further agree by using this Site Platform that Scorefunds does not perform any fundraising counsel services and does not advise, consult with, prepare, manage, or plan any charitable solicitation or fundraising activity, and it is not a party to any pledge or donation made using the Site Platform.

 

 

Third Party Sites and Services

 Users acknowledge that Scorefunds is not a party to any third-party agreement or financial transaction entered into by Users, including any use of WePay, Inc., services, whose third-party terms and conditions and privacy policies will also apply.  You acknowledge and agree that Scorefunds is not responsible and cannot control third-party information or content, which you access at your own risk and which is not endorsed by Scorefunds or affiliated with Scorefunds.  Users expressly relieve Scorefunds for any liability or damages arising from your use of any third party website.

 

Collection and Disbursement of Donations

 Scorefunds will not have custody or control of any charitable contributions solicited by Users using the Site Platform.  Users acknowledge and agree to be bound by these entire Terms of Use which shall govern all User activities, including the following terms:

 

·    Users acknowledge that Scorefunds is not a party to any charitable contributions and does not have access to or control of amounts donated and collected.  All contributions are processed and transferred by a third-party, WePay, Inc. (“WePay”), which is a third-party payment processor.  Users must create an account with WePay, a third party, which will process charitable contributions solicited or contributed via the Site Platform.  WePay may charge Users processing fees related to charitable contributions made using the Site Platform.  In addition, Scorefunds shall charge a transaction fee for charitable contributions made using the Site Platform.  The total transaction fees charged by Scorefunds and WePay together shall not exceed 15% of any charitable contribution made using the Site Platform.          

·    Users agree to provide accurate payment information to allow accurate and timely processing and transfers of amounts donated;

·    Scorefunds does not control and is not liable for any sports team photos or information, including information provided through a third-party or service, including, without limitation, any errors, inaccuracies, delays, or corrections in that information, or any other information posted by Users on the Site Platform or via Users’ use of the site platform.

·    Scorefunds has no special relationship with and owes no fiduciary duty toward any User.  Scorefunds simply licenses a Site Platform to Users and does not promote or endorse any User Fundraiser and/or sports team.  Scorefunds prohibits the use of its Site Platform for gambling activities of any nature.

·    User Fundraisers agree to treat and account for the full amount of contributions from each User Donor as the proper donation amount for all legal and tax purposes.  Scorefunds has no responsibility whatsoever to provide any written acknowledgment of any contribution made or solicited via the Site Platform.  

 

Scorefunds Rights

Scorefunds shall have the right, but not the obligation, in its sole discretion to remove any materials or terminate the registration of any User for any reason, without notice.  Scorefunds may provide Users with the ability to flag content which violates these Terms of Use to the Site Platform, but this process in no way obligates Scorefunds to remove the materials or terminate the registration of any User.  Scorefunds reserves the right to cancel, terminate, suspend, or remove any fundraiser, project, drive, or content at any time, for any reason, in its sole discretion.  Any provision of these Terms of Use which should, by its nature, survive termination is deemed to do so, including, without limitation, provisions addressing the ownership or use of intellectual property, and indemnity, warranty and limitation on liability provisions.

 

No refund of any payment made will be provided if the User has violated these Terms of Use in any way. 

 

Because Scorefunds does not have any custody or control of contributions and does not process any contributions solicited by Users via the Site Platform, Users are solely responsible for handling claims of claims for refunds of any contributions. 

 

Scorefunds is not responsible for the timeliness, deletion, technical failure, or improper delivery of any material. 

 

Scorefunds provides its services AS IS and may, at any time, modify, limit or discontinue services offered and fees charged without notice or liability.

 

Intellectual Property Rights

By submitting materials to Scorefunds, you grant the Site Platform a world-wide, royalty free, and non-exclusive license to sublicense, use, reproduce, modify, adapt, and publicly perform or display the materials and you represent that you have all legal, moral, and other rights necessary to submit the materials and grant these rights. Scorefunds grants Users a limited, revocable, nonexclusive license to access the Site Platform for their own personal use.  Scorefunds reserves and asserts its intellectual property rights and ownership over all materials created or displayed by Scorefunds, including the name Scorefunds. 

 

You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purpose whatsoever any User Content, or other proprietary materials not owned by you, in any way that violates the right of any third party without the express prior consent of the respective owners.  Users are solely responsible for obtaining permission to the necessary intellectual property rights to any content. 

 

All rights not expressly granted to you are reserved by Scorefunds and its licensors.  You may not access the Site Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Scorefunds’ technology in any way; (ii) modify or make derivative works based upon the Site Platform or Scorefunds technology; (iii) embed the Site Platform as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Site Platform in order to (a) build a competitive product, platform or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Site Platform, or (c) copy any ideas, features, functions or graphics of the Site Platform.

 

The Site Platform may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners.  Users grant Scorefunds a world-wide, royalty free, and non-exclusive license to use, reproduce, adapt, and publicly perform or display any trademark, service mark or logo of any Users for the purpose of performing and providing the Site Platform, distribution, promotion, marketing, and other ancillary business purposes.

 

Scorefunds grants Users a world-wide, royalty free, and non-exclusive license to use, reproduce, adapt, and publicly perform or display Scorefunds trademarks, service marks, or logos, solely in connection with the promotion, advertising, marketing, or other endorsement of the Site Platform, or any project or content posted on the Site Platform, and Users agree to explicitly and prominently reference the name Scorefunds, using the Scorefunds trademarks, service marks, or logos described herein, in any such promotion, advertising, or marketing effort.

 

Privacy Policy

Scorefunds' Privacy Policy is available on this website and may be changed at any time, without notice.  The Privacy Policy is part of these Terms of Use.  By using this site, Users agree that they have reviewed and agree to that policy.

 

Indemnification

You agree to indemnify and hold harmless Scorefunds, including all subsidiaries, affiliates, shareholders, officers, directors, employees, independent contractors, and agents from any claim or demand, including costs or attorneys' fees, that may be made by you or a third party, that is due to or arising out of your conduct or connection with the Site Platform, your provision of materials, your violation of these Terms of Use or any other violation of the rights of another person or party or any civil or criminal violation, or any violation of any applicable law.

 

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

SCOREFUNDS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER DEFECTS OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR ITS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SCOREFUNDS IS NOT RESPONSIBLE FOR THOSE COSTS.

 

THE SITE PLATFORM AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SCOREFUNDS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SCOREFUNDS MAKES NO WARRANTIES ABOUT THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SITE PLATFORM, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

IN NO EVENT SHALL SCOREFUNDS, ITS LICENSORS, OR ANY THIRD PARTIES REFERENCED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND ITS CONTENT, INCLUDING THE ACCURACY OR REPRESENTATIONS OF ANY SUCH CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Notification of Copyright Infringement

Please contact us at support@scorefunds.com if you believe that your intellectual property has been used in any way that constitutes copyright infringement or a violation of your intellectual property rights.  Scorefunds will follow the take-down procedures outlined in the DMCA (Digital Millenium Copyright Act) regarding any such notification. (See 17 U.S.C. § 512(c)(3) for further detail).

 

Please provide the following information in your request:

 

a) identify the material you believe to be infringing with enough specificity to enable our site manager to locate it on the Site Platform;

 

b) a statement by you that you have a good faith belief the use of the material is not permitted or authorized under copyright law or through contract or license;

 

c) your contact information, including your address, email address, and telephone number;

 

d) a statement signed under penalty of perjury declaring that all information provided is true and accurate and that you are the authorized agent or owner of the copyrighted material.

 

You acknowledge that failure to comply with all the requirements of this section and the DMCA, your notice may not be valid. 

 

You hereby agree that you shall not assert any claim against Scorefunds or its shareholders, officers or directors with respect to such content unless and until: (1) you have fully completed the process set forth above; and (2) Scorefunds has failed to remove the offending content within thirty days after such notification without a reasonable explanation for its failure to do so.

 

COPPA/CDA Compliance

Scorefunds restricts User Fundraisers registration to persons at least 13 years of age.  Scorefunds restricts User Donors registration to persons at least 18 years of age.    Scorefunds will not knowingly collect any information from children under the age of 13.  Scorefunds has designed policies and procedures to comply with the Children's Online Privacy Protection Act of 1998 (COPPA) and all Federal Trade Commission (FTC) regulations, but does not assume responsibility for the misrepresentations of any User as to their age.

 

Scorefunds does not believe that the website contains materials that would typically be the subject of filtering software and the website is not intended for children.  Nevertheless and pursuant to the Communications Decency Act (CDA), Scorefunds informs all Users that parental control protections (such as computer hardware, software, and filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.  A report detailing some of those protections can be found at: http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

 

Applicable Law

These Terms of Use and any use of this Site Platform or services is governed by and construed according to Texas law, without regard to conflict of laws provisions.  By registering or using this site you consent and agree to submit to personal jurisdiction and exclusive venue in the state and federal courts located in Dallas, Texas.  You hereby irrevocably waive any right you may have to a trial by jury of any dispute relating to or arising out of use of Scorefunds.  You further agree that Scorefunds is a passive website, which does not give rise to personal jurisdiction over Scorefunds and its agents, officers, directors, employees, shareholders, or successors.  The failure of Scorefunds to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  In the event any provision of these Terms of Use is found to be invalid, void, or illegal, the court will give effect to the parties' intentions to the extent possible and all other terms remain in full force and effect.