Terms and Conditions
FLIPCAUSE.COM TERMS AND CONDITIONS
Last Updated: March 31, 2022
Hello, welcome to Flipcause! We truly hope you have a great experience with our service. We know terms and conditions can be boring stuff, but please, be sure to read everything below. If you have any questions, please don’t hesitate to contact us. Thank you for your time!
PLEASE READ THESE TERMS AND CONDITIONS (THE “AGREEMENT”, “TERMS”, “TERMS OF USE” OR THE “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY FLIPCAUSE, INC. (“FLIPCAUSE”, “FLIPCAUSE.COM”, “US”, “WE” OR THE “COMPANY”), A DELAWARE CORPORATION. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.FLIPCAUSE.COM, ALL OTHER SITES OWNED AND OPERATED BY FLIPCAUSE THAT REDIRECT TO WWW.FLIPCAUSE.COM, ALL OTHER DOMAINS OWNED BY FLIPCAUSE REFERENCING THIS AGREEMENT, AND ALL SUBDOMAINS (COLLECTIVELY, THE “SITE”), AND THE SERVICE OWNED AND OPERATED BY THE COMPANY (TOGETHER WITH THE SITE, THE “SERVICE”). BY USING THE SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR SERVICES TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A BUSINESS OR NONPROFIT ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS OR ORGANIZATION TO THIS AGREEMENT AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS OR ORGANIZATION. IN THAT EVENT, “YOU” AND “YOUR” REFER HEREIN TO THAT BUSINESS OR ORGANIZATION.
1. AMENDMENTS
We reserve the right to amend this Agreement at any time. If we choose to amend this Agreement, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. As a courtesy to our Users, we will notify Account Holders of changes made to this Agreement within 48 hours of the change via electronic communications. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
2. SUMMARY OF SERVICE
2.1. Accounts and Campaigns: Flipcause.com is a platform where a registered “Account Holder” creates an “Account” to run “Campaigns” in order to raise money, collect personal data, and accept support from other users (“Supporters”). Funds raised in connection with Campaigns are deposited in a “Merchant Account” created by Flipcause on behalf of the Account Holder. Each Merchant Account created by Flipcause is assigned a “Merchant Account Number” and is a subsection of an Account. In order to maintain an active and open Account, Account Holders are required to have an active “Subscription” to use the Flipcause Service. See Service Fees and Subscription Costs in Section (15), below, for additional information on Subscriptions.
2.2. Contributions and Account Balances: Flipcause allows Account Holders to accept donations,recruit volunteers, sell event tickets, issue refunds, collect personal data, amongst other activities from Supporters, and for Supporters to make donations, register to volunteer, register to events, submit personal data, make a credit card payment or engage in other activity (collectively known as a “Contribution”, or “Transaction”). The processing of a credit card, ACH, or any other form of payment through the Service is known as a “Charge”. The total gross amount of a Transaction, before the application of a “Transaction Fee”, is known as the “Transaction Amount”. The Transaction Amount of all Charges and applicable Transaction Fees will be applied to the Account Holder’s “Account Balance” via the creation of Account Balance Credits and Account Balance Debits within the Account Holder’s Merchant Account, further described in Section 8.1 below. Transaction Fees are further described in Section (15), below. The Account Balance includes the combined total sum of “Available Balance” plus “Pending Balance”, further detailed in Section (17.2), below. Account Balances are eligible for bank transfers (“Transfers” or “Withdrawals”). You may process Transfers from your Account Balance by electronically transferring funds to your verified United States bank account (“Verified Bank Account”) with the ability to receive ACH transfers, further detailed in Section (17.3), below. See Account Balances and Bank Transfers in Section (17), below, for additional information on Account Balances and Transfers.
2.3. Fundraisers: Flipcause allows Account Holders to create Campaigns where Supporters can create and manage their own “Sub Campaigns” to raise money on behalf of the Account Holder. Any Supporter engaged in the raising of funds or support for an Account Holder is considered a “Fundraiser”.
2.4. Content: Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Account Holders, Supporters, Fundraisers and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content. “User Submissions” means any Content Submitted by Users.
2.5. Account Holder Data: Data submitted by the Account Holder (“Account Holder Data”) for use on or in conjunction with the Flipcause Service, whether supplied by the Account Holder, Supporters, Fundraisers or by third parties, shall remain the sole property of the Account Holder or such third parties, as applicable, unless expressly stated. See Account Holder Data in Section (9), below, for more information on how Account Holder Data is collected, stored, and managed.
2.6. Dashboard: Flipcause allows Account Holders to manage, view, edit, and export Account Holder Data and manage their Account settings through private pages hosted on Flipcause.com, known as the “Dashboard”.
2.7. Flipcause Payment Gateway: Flipcause allows Account Holders to collect payment for Transactions by processing credit card payments through “Virtual Terminals” located in various parts of the Site including the Dashboard and Campaign pages. The “Flipcause Payment Gateway” consists of all activities related to Charges originating from the Flipcause Service, including processing credit cards, processing refunds, fraud monitoring, or other activity. See Flipcause Payment Gateway in Section (8), below, for additional information on the payment processing.
2.8. Integration: Flipcause provides installation of software (“Integration”) created by Flipcause that connects Flipcause Services to an Account Holder’s website or other digital properties. Integration is completely opt-in and may be provided for free, in good faith, to enhance our Service to our Account Holders. See Website Integration Costs and Limitations in Section (11), below, for additional information on Integration.
2.9. Website Package: The creation of a new website using data provided by the Account Holder’s existing website, social media accounts, and other sources constitutes a “Website Package” ( “WebPack”, or previously known as a “Web Mod”). The WebPack is completely opt-in and can be enabled by Account Holders to enhance our Service. If you choose to utilize a WebPack, you agree that you have obtained the right to use any intellectual property provided by you to Flipcause during the creation of a WebPack. You agree that there may be costs associated with a WebPack, pursuant to Section 15, below. Additional limitations may exist for a WebPack, and you agree to such limitations and additional conditions as described at https://help.flipcause.com/flipcausehelp/article-detail?webpack-faqs, which shall be incorporated into this Agreement by this reference.
2.10. Data Imports: Flipcause allows Account Holders to store and collect Account Holder Data within the Service. On occasion, Flipcause, at its sole discretion, may assist Account Holders with importing Account Holder Data (“Data Import”) from other systems or locations into the Service. You agree that there may be costs associated with a Data Import, pursuant to Section 15, below. All data submitted for a Data Import and made in conjunction with the Service and on behalf of the Account Holder will be considered Account Holder Data. Additional limitations may exist for a Data Import, and you agree to such limitations and additional conditions as described at https://help.flipcause.com/help/data-import, which shall be incorporated into this Agreement by this reference.
2.11. Fiscally Sponsored Projects: Flipcause allows designated Fiscal Sponsors (“Project Sponsors”) to request the creation of “Sub Accounts” for “Sub Account Holders” to be managed in the “Project Dashboard”. Sub Account Holders can manage their own Sub Accounts to raise money on behalf of the Project Sponsor. Project Sponsors may access specialized reporting, accounting features, and manage global setting limitations for Sub Account Holders within the Project Dashboard. Project Sponsors and Sub Account Holders agree that their use of the Service will be governed in the same manner as an Account Holder per this Agreement. Sub Account Holders agree that they will accept any limitations set on their Sub Account by the Project Sponsor. Any action made by a Sub Account Holder including but not limited to the processing of Transactions, use of intellectual property, and any other use of the Flipcause Service will be treated as if the Project Sponsors were taking such action themselves.
3. ACCEPTANCE OF TERMS
The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms and Conditions, including the Privacy Policy, located at https://flipcause.com/privacy, and all other operating rules, policies, and procedures that may be published on the Site by Flipcause, which are incorporated by reference and may be updated by Flipcause without notice to Users except in accordance with Section (1), above. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Flipcause. Your use of those services are subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.
4. ELIGIBILITY
4.1. The Service is available only to individuals who are at least 16 years old. You represent and warrant that you are:
(i). an individual;
(ii). you are at least 16 years old;
(iii). if applicable, legal age to form a binding contract; and
(iv). that all registration information you submit is accurate and truthful.
4.2. Flipcause may, at its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
4.3. In order to open and maintain a Flipcause Account, you must provide us with correct and updated information to verify your identity and the identity of the organization you represent. You authorize Flipcause, directly or through third parties, to make any inquiries we consider necessary to validate your identity before or any time after the creation of your Flipcause Account. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your employment, ordering a credit report or verifying your information against third party databases or through other sources. You must be the beneficial owner of the Flipcause Account, and conduct business only on behalf of yourself or your organization.
4.4. Flipcause works with a wide variety of organizations, including charities, educational institutions, associations, faith-based organizations, houses of worship, humanitarian groups, health organizations, advocacy groups, and many others. We take great pride in providing organizations with services that help them raise money and strengthen supporter relationships. Flipcause is non-partisan and does not take a position on its clients’ missions, beliefs, or advocacy objectives. We seek to work with organizations that share our commitment to equal opportunity and nondiscrimination. Flipcause will not work with groups that promote violence, hatred, discrimination, or intolerance. Flipcause will exercise its judgment in determining whether an organization violates the spirit of these principles.
4.5. Account Holders must submit a United States tax identification number and be eligible to accept payments under applicable law. Flipcause may request you to complete IRS form W-9 or other forms prior or anytime after creation of an Account. In order to remain eligible for the Flipcause Service, you agree to submit all requested forms within 14 calendar days of the request. Nonprofit status is not required. Flipcause cannot work with any other organization that, in our sole judgment, cannot legally receive Contributions through our Services.
4.6. Though we work with a diverse range of organizations, Flipcause reserves the right to refuse to work with any organization or prohibit the use of our Services by any User for any reason. In addition, Flipcause reserves the right to terminate our relationship with you for any reason, including but not limited to a belief that you are using the Services for illegal purposes or in connection with activities that we determine could expose us to liability or be harmful to our or our affiliates reputation.
5. RULES AND CONDUCT
As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms and Conditions or applicable law, including privacy laws. The Service is provided only for your own personal, non-resale use. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your Account to take any action, or submit Content that:
(i). infringes any patent, trademark, trade secret, copyright, right of publicity, or other rights of any other person or entity, or violates any law or contract;
(ii). you know is false, misleading, or inaccurate;
(iii). is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
(iv). constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
(v). contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
(vi). impersonates any person or entity, including any employee or representative of the Company.
(vii). harasses, defames, intimidates or threatens another User;
(viii). interferes with another User’s rights to privacy;
(ix). posts any trademark, logo, copyrighted material or other intellectual property without the authorization of the owner;
(x). operates, conducts, or promotes, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise, unless expressly permissible by law in applicable jurisdictions.
(xi). Additionally, you shall not:
(a) take any action that imposes or may impose (as determined by the Company at its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
(b) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
(c) bypass any measures the Company may use to prevent or restrict access to the Service (or other Accounts, computer systems, or networks connected to the Service);
(d) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or
(e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
(xii). You shall not directly or indirectly:(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
(xiii). You shall abide by all applicable local, state, national, and international laws and regulations.
6. CONTENT AVAILABILITY
6.1. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right, at any time, for any reason, and without notice to:
(i). cancel, reject, interrupt, remove, suspend a Campaign or Account;
(ii). remove, edit, or modify any Content, including, but not limited to, any User Submission; and
(iii). remove or block any User or User Submission.
6.2. Flipcause reserves the right not to comment on the reasons for any of these actions.
7. ACCOUNT REGISTRATION
7.1. You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with Flipcause and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your Account. You shall not use as a User ID, User name, domain name, Campaign name, or any name or term that:
(i). is the name of another person or entity, with the intent to impersonate that person;
(ii). is subject to any rights of another person, without appropriate authorization; or
(iii). is otherwise offensive, vulgar, or obscene.
7.2. The Company reserves the right at its sole discretion to refuse registration of or cancel a User ID, Account, domain name, or Campaign. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User’s Account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your Account, or other known Account related security breach.
7.3. Once your Account has been closed for any reason, your Account will become inactive and your access will be restricted on all pages and features associated with your Account, including the Flipcause Payment Gateway, Campaign pages, private Dashboard pages, and other sections of the Site.
8. FLIPCAUSE PAYMENT GATEWAY
8.1. Flipcause allows the Account Holder to Integrate the Flipcause Payment Gateway, managed from the Flipcause Dashboard, into their websites or applications. Flipcause also allows the Account Holder to utilize the Flipcause Payment Gateway through Flipcause hosted web pages or mobile applications. The Account Holder agrees that Flipcause will receive Charges through the Service as an agent of the Account Holder. When the Account Holder sells goods or services, receives bona fide charitable donations, or processes any other Transaction that creates a Charge through the Flipcause Service, Flipcause will process the funds associated with the Charge and apply a new monetary record (“Account Balance Credit”) for the Transaction Amount to your Account Balance in order to settle the transaction. We may also apply a Transaction Fee record, if applicable, with the associated Charge, to your Account Balance. New Transaction Fee records, Transfer records, or any other negative value records created and settled in an Account Holder’s Account Balance are collectively referred to as “Account Balance Debits.” The Account Holder agrees that a Supporter’s payment obligation for goods, services, or bona fide donations will be considered satisfied to the Account Holder upon Flipcause’s receipt of Charges. The full amount of Account Balance Credits or Account Balance Debits to your Account Balance is a financial asset wholly owned, received and controlled by you, the Account Holder, and is a financial obligation to be paid to you by Flipcause. You agree to assign all rights of funds received from Charges to Flipcause and allow Flipcause to manage funds owed to you any way deemed necessary to facilitate the payment processing and settlement of a Charge, the creation of an Account Balance Credit or Account Balance Debit, and the related administrative operations of Flipcause, including but not limited to customer service, processing of refunds, handling consumer complaints. See Account Balances and Bank Transfers in Section (17), below, for additional information on your Account Balance.
8.2. If for any reason Flipcause deems any Charges as suspicious or fraudulent, you consent to Flipcause verifying the validity of the aforementioned Charges and applying any associated Transaction Amount, or any other amount we deem appropriate, to your Pending Balance which is not available for your immediate Transfer. Flipcause may request additional information from either you or the Supporter related to the Charge, and by using the Service you agree to comply with all requests for information by Flipcause. If the Charge in question cannot be verified to the satisfaction of Flipcause’s compliance department, Flipcause reserves the right to refund the Transaction amount minus all applicable fees to the original credit card used for each given Transaction in order to prevent a chargeback.
8.3. You consent to Flipcause’s disclosure of data (which may include your name and address, and information regarding the Transactions that you process through the Flipcause Service) to our financial institution (the “Bank”), and our service providers to facilitate the provision of Flipcause Services to you. You also consent to Flipcause’s use of information provided to Flipcause or collected by us as part of providing the Flipcause Service for our internal analysis and fraud monitoring. For more information regarding Flipcause’s use of your data, please review Flipcause’s Privacy Policy located at https://flipcause.com/privacy.
8.4. You agree to comply with all applicable laws or regulations, payment network rules, agreements with third parties that are binding on you, and this Agreement using Flipcause Services. You are solely responsible for, and Flipcause disclaims all liability for, the provision of any goods or services sold to your Supporters or end users as part of your use of Flipcause Services, and any obligations you may owe to your Supporters or end users. You are financially liable to Flipcause for chargebacks, refunds, and any fines that arise from your use of the Flipcause Service. You may have access to directly manage your Flipcause Account through the Flipcause Dashboard. If such access is made available to you, you are responsible for all actions taken on your Account through the Dashboard, including the initiation of refunds or changing of depository bank information.
8.5. Tokens: As part of the Flipcause Service, Flipcause provides Users with the ability to set up and maintain recurring Charges through Campaigns, the Dashboard, and Virtual Terminals. In Addition, Flipcause allows Users to Charge and refund credit cards associated with a Transaction. In order to protect sensitive financial data, the Flipcause Service will convert all credit card data into encrypted “Tokens”. Users will be able to Charge Tokens in accordance with these Terms and Conditions.
8.6. In compliance with the Payment Card Industry Data Security Standard (PCI DSS) you agree not to store your Supporters or any other credit card data within the Flipcause Service except as Tokens as outlined in Section (8.5) above.
8.7. Flipcause provides a “Guaranteed Effective Rate” to Account Holders through the use of the Flipcause Payment Gateway. The following conditions apply to the Guaranteed Effective Rate:
(i). The Guaranteed Effective Rate is defined as the maximum aggregate amount an Account Holder will pay in total Transaction Fees for “Qualified Transactions” in a calendar quarter. The Guaranteed Effective Rate available to the Account Holder is located at https://flipcause.com/pricing.
(ii). If the Account Holder pays an “Effective Transaction Rate” greater than the listed Guaranteed Effective Rate in a calendar quarter, Flipcause will apply a “Rate Credit” to your Account Balance.
(iii). The Effective Transaction Rate is calculated by taking the sum of Transaction Fees paid by the Account Holder for Qualified Transactions in a calendar quarter divided by the sum of the Transaction Amounts for all Qualified Transactions in the aforementioned calendar quarter, expressed as a percentage.
(iv). The Rate Credit is calculated by taking the Effective Transaction Rate minus the Guaranteed Effective Rate multiplied by the total gross amount “Transaction Amount” of all Qualified Transactions in a given calendar quarter.
(v). Qualified Transactions are Charges created by a Supporter originating through publicly accessible Campaign pages, or through Flipcause provided card readers, with the option to cover the Transaction Fee (“Fee Coverage Option”) activated.
(vi). Any Transaction, Contribution or Charge not considered a Qualified Transaction pursuant to this Section will be considered a “Non Qualified Transaction”.
(vii). The Fee Coverage Option can be toggled on or off from the Dashboard for any publicly facing Campaigns that accept Charges. If the Account Holder chooses to deactivate the Fee Coverage Option for a Charge, the Account Holder agrees to pay the full Transaction Fee related to that Charge and the aforementioned Charge will be considered a Non Qualified Transaction and will not be included in the calculation of the Effective Transaction Rate.
(viii). Qualified Transactions exclude any Charge originating from a manually created Charge by the Account Holder (“Manual Payment”) through restricted Dashboard sections, or through publicly accessible Campaign pages.
(ix). Charges originating from Flipcause mobile applications where Users manually key in credit card information, as opposed to using a card reader, will also be considered a Manual Payment.
(x). Manual Payments are further defined as Charges created on behalf of the Account Holder by any member of the Account Holder’s organization, Account subuser, or associated individuals with current or previous access to the associated Account Holder’s Dashboard.
(xi) Manual Payments are considered Non Qualified Transactions and will be expressly excluded from the Effective Transaction Rate calculation. Transaction Fees associated with Manual Payments can be found at https://flipcause.com/pricing.
(xii). If it is determined that a Charge has been misclassified as a Qualified Transaction pursuant to this Section, you consent to the reclassification of the aforementioned Qualified Transaction to the appropriate Non Qualified Transaction. If applicable, any difference in Transaction Fees resulting from the reclassification of a Charge will be adjusted as a credit or debit to your Account Balance.
8.8. The minimum amount for a successful Charge is ($0.50) and the maximum amount for successful Charge is ($50,000.00) plus applicable Transaction Fees.
8.9. To remain in compliance with our financial partners and applicable government regulations, the Company prohibits the use of the Flipcause Payment Gateway to sell or list certain items or services. The full list of prohibited items and services can be found here https://help.flipcause.com/help/restricted-uses
9. ACCOUNT HOLDER DATA
9.1. Account Holders agree to provide Flipcause with all information and data necessary to complete the services outlined in this Agreement. Data submitted by the Account Holder (“Account Holder Data”) for use in conjunction with the Flipcause Service, whether supplied by the Account Holder, Supporters, Fundraisers or by other third parties, shall remain the sole property of the Account Holder or such third parties, as applicable, unless expressly stated. Account Holder Data is further defined as Supporter, Fundraiser, or other data subject’s Personal Information, and other User Submissions, directly associated with the Account Holder’s use of the Service and displayed in the Account Holder’s Dashboard. Account Holder Data sources are specifically collected from but not limited to Contributions, Campaign forms, Data Imports, Virtual Terminals, and other sources. “Personal Information” means any Account Holder Data processed by Flipcause pursuant to the Agreement, relating to an identified or identifiable natural person; where an “identifiable natural person” means an individual who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the individual’s physical, physiological, mental, economic, cultural or social identity.
9.2. Account Holder Data expressly excludes data needed to maintain a persistent transaction log of all Charges through the Flipcause Payment Gateway (“Flipcause Charge Data”), specifically including but not limited to credit card tokens, Charge timestamp, Charge financial details, or any other Charge data collected through the use of the Service. Flipcause Charge Data will be the sole property of the Company or applicable third parties which Flipcause contracts in the processing of Charges.
9.3. Account Holders grant to Flipcause the nonexclusive, worldwide, right to use, copy, store, transmit and display Account Holder Data to the extent necessary to provide services pursuant to this Agreement. Flipcause will not sell, license, share, transfer or otherwise disclose Account Holder Data, specifically including but not limited to Supporter lists or list administer login information, to any third party except when expressly directed by Account Holders or when required by law. Flipcause may disclose Account Holder Data to its employees and agents and access Account Holder Data in order to provide technical support to Users.
9.4. Flipcause shall backup Account Holder Data on a daily basis when available. The backup copy of Account Holder Data shall be made available to Customer upon twenty-four hour notice excluding weekends and federal holidays.
9.5. Flipcause shall exercise reasonable commercial efforts to make the Service secure. Account Holders, however, are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Account Holder Data. Flipcause shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Account Holder Data. It is the Account Holder’s sole responsibility to request a backup copy of Account Holder Data or use the Flipcause Dashboard reporting utility to avoid any economic loss associated with Account Holder Data.
9.6. Upon termination of this Agreement, except by Account Holder breach, Flipcause shall make Account Holder Data available for copying for thirty calendar days after the termination date. Flipcause will delete Account Holder Data thirty-one calendar days after termination of this Agreement. In order to maintain a persistent log of Charges as described in Section 9.2., above, Flipcause Charge Data will not be deleted when this Agreement is terminated.
10. ERROR OR CHANGES IN TRANSACTION OR CHARGE RECORDS
Flipcause does it’s best to maintain full accuracy of all Transaction or Charge records. Due to the nature of computerized systems, the internet, and internet browser compatibility, there may on occasion be errors within the Transaction or Charge records and Flipcause cannot guarantee full accuracy of any Transaction or Charge record. If you believe there to be an error within any of the Transaction or Charge records within your Account, please contact us immediately by email at legal@flipcause.com Furthermore, if an error has occurred due to User or Supporter error during entry of a Transaction or Charge, you may contact us for a correction to your Account Transaction or Charge records.
11. WEBSITE INTEGRATION COSTS AND LIMITATIONS
11.1. Flipcause provides Integration services that connects Flipcause technology to an Account Holder’s website. Integration is completely opt-in and may be provided for free, in good faith, to enhance the Service to Account Holders.
11.2. In order to ensure full transparency and to give Users who wish to seek 3rd party review of such code a chance to do so, the software that is used for Integration of Flipcause technology is provided to all Account Holders under the “Integration Center” tab in the Dashboard. Due to the nature and difficulty of providing installation services across many web hosting environments, Flipcause technology is provided as-is and Flipcause cannot guarantee any time frame, success or warranty of any installation on any Account Holder’s websites. If you choose not to allow Flipcause to install the code, Flipcause will continue to consult with your website development team to ensure Flipcause Services are Integrated successfully. Flipcause will not be responsible for removing the Integration on any Account Holder’s websites if their Flipcause Account is terminated.
12. INTERACTION WITH CAMPAIGNS AND FUNDRAISING
Flipcause is a platform where an Account Holder runs Campaigns to garner support for various initiatives. All Users agree to be bound by the entire Agreement, including the following conditions:
(i). Supporters agree to provide their payment information at the time they make a Contribution to a Campaign, if applicable. The Contribution amount plus all applicable fees will be charged to your credit, debit card, or other financial instrument at the time of the Contribution.
(ii). The “Estimated Delivery Date” listed on each item or order is not a promise to fulfill by that date, but is merely an estimate of when the Account Holder hopes to fulfill the item.
(iii). Account Holders agree to make a good faith attempt to fulfill each item by the Estimated Delivery Date.
(iv). When a Supporter fills out a form in conjunction with a Campaign or other parts of our Service, Supporters consent to Flipcause delivering their personal data to the associated Account Holder. Supporter’s name, email, phone number, address and other information captured in conjunction with their use of our Service will be considered Account Holder Data and will be available to Account Holders to modify, store, delete and export in their Dashboard. Supporters can choose to remain anonymous on pages viewable to non Account Holders. Financial information of a Supporter is never disclosed to Account Holders.
(v). For some Transactions, Account Holders may need further information from Supporters, such as a mailing address or other information, to enable the Account Holder to deliver certain items or services. To receive an item or service, Supporters agree to provide the requested information to Account Holders.
(vi). By making a Contribution to a Campaign, Supporters agree to be added to the Campaign’s and Account Holder’s mailing list to receive Campaign email updates. Supporters may unsubscribe from Campaign email updates at any time.
(vii) Flipcause does not offer refunds. An Account Holder is not required to initiate a Supporter’s request for a refund unless the Account Holder is unable or unwilling to provision the items or services they are obligated to fulfill.
(viii). Account Holders are required to initiate a Supporter’s request for a refund for unsatisfied events and undelivered items or services, and Account Holders are responsible to satisfy all events, items, or service obligations. Flipcause reserves the right to deduct the Transaction amount from Account Holder’s Account and refund the Transaction amounts to Supporters on a case-by-case basis. Flipcause will process refunds in accordance with Section (16), below, of this Agreement.
(ix). Flipcause is not responsible for any damages arising from the sale of event tickets, sale of items or services, distribution of orders, or any other activity originating on the Site.
(x). Account Holders are required to fulfill all orders for their Campaigns or refund any Supporter whose order they do not or cannot fulfill.
(xi). Account Holders may cancel or refund a Supporter’s Contribution at any time and for any reason, and if they do so, Account Holders are not required to fulfill the event, item, or service associated with that Contribution. Flipcause reserves the right to issue refunds from the Account Holder’s Account Balance if Flipcause deems the Account Holder in violation of any terms set forth in this Agreement.
(xii). Account Holders should not take any action in reliance on having the funds raised through Campaigns until they have the have taken full possession of the funds owed to them.
(xiii). Because of occasional failures of payments from Supporters, Flipcause cannot guarantee the full receipt of the Contribution amount minus fees.
(xiv). Flipcause and its payments partners will remove apply their Transaction Fees before transmitting proceeds to an Account Holder. Transaction Fees can be found at https://flipause.com/pricing.
(xv). Flipcause reserves the right to cancel or refund a Charge at any time and for any reason.
(xvi). Flipcause reserves the right to reject, cancel, interrupt, remove, or suspend any Campaign at any time and for any reason. Flipcause is not liable for any damages as a result of any of those actions. Flipcause’s policy is not to comment on the reasons for any of those actions.
(xvii). Fundraisers agree to comply with all terms set forth within this Agreement and the Account Holder agrees to monitor all Fundraisers raising money on the Account Holder’s behalf to ensure compliance with the terms set forth within this Agreement. To be certain, any action made by a Fundraiser including but not limited to the processing of Transactions, use of intellectual property, and any other use of the Flipcause Service will be treated as if the Account Holder were taking such action themselves.
(xviii). Supporters acknowledge that Flipcause, as the representative agent of the Account Holder, is the intended recipient of all Charges processed through the Service. Supporters agree that Charges processed by Flipcause will constitute the satisfaction of obligation to the Account Holder, and in effect, received by the Account Holder upon receipt by Flipcause.
(xix). By sending an SMS to Flipcause phone number and starting the text to give service, Supporters agree to receive messages to their phones and be added to the database for the campaign and the Account Holder. Supporters may unsubscribe from receiving short text messages to their phones at any time. Details noted in Supporter Terms.
13. YOUR LIABILITY FOR CHARGEBACKS
13.1. If a Transaction is disputed or reversed for any reason by credit card networks, our processor, or a payer’s financial institution, or the Transaction was not authorized, unlawful, suspicious, or in violation of the Flipcause Terms and Conditions, the Account Holder agrees to pay Flipcause the amount of the payment and all related fees, for payments processed on the Account Holder’s behalf and in accordance with Section (13.4), below.
13.2. For any Transaction resulting in a chargeback, we may withhold the chargeback in a reserve or deduct the amount and any associated fees or fines assessed by our processor or the card associations from your Flipcause Account Balance or other funding sources registered with us.
13.3. Flipcause is not liable for any damages or loss incurred related to rewards, events, volunteer positions, or any other use of the Service. All dealings are solely between Users. Flipcause is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with the Site. Flipcause does not oversee the performance or punctuality of Campaigns, events, or volunteer positions. Flipcause does not endorse any User Submission. You release Flipcause, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
13.4. There is a non-refundable $25 fee for each chargeback dispute (“Dispute Fee”) regardless of the outcome of the dispute. The day Flipcause receives notice of a dispute the $25 fee will be immediately deducted from your Account Balance. Dispute Fees are itemized in the Account invoice section of the Dashboard. If the dispute leads to a chargeback, the amount of the chargeback will also be deducted from your Account Balance. If you have insufficient funds in your Account Balance to cover the Dispute Fee or the reversed chargeback amount, any insufficient amount will be considered a debt to Flipcause as outlined in Section (17.4), below. Flipcause reserves the right to collect the debt through any and all legal means. If you have any questions about how to respond to a specific chargeback please don’t hesitate to contact legal@flipcause.com.
14. 501(c)(3) – CHARITABLE DONATIONS LIABILITY AND ACCOUNTABILITY
14.1. If the Account Holder operates a 501(c)(3) organization, Account Holders may offer service receipts to Supporters as a convenience. Users acknowledge that not all payments made may be eligible for classification as tax deductible, and Users agree to assume full liability for classification of Transactions. Flipcause specifically disclaims any liability in this regard.
14.2. Flipcause shall cooperate with the Account Holder in order to assist the Account Holder in its compliance with the Better Business Bureau’s Standards for Charitable Accountability such that the consumer has full disclosure at point of sale and in advertising and promotions as to:
(i). Any floor or ceiling on the monies paid by Flipcause to the Account Holder,
(ii). Dates of the promotion (if applicable); and
(iii). What percentage or amount of the purchase price (gross or net) is paid by Flipcause to the Account Holder.
15. SERVICE FEES AND SUBSCRIPTION COSTS
15.1. Flipcause charges fees for certain services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged. A current list of the services we provide and the fees associated with each service can be found at https://flipcause.com/pricing. Any fees not listed can be determined by communicating with a Flipcause representative. Pursuant with any agreement you have made with a Flipcause representative, from time to time, and at our sole discretion, Flipcause may amend fees for certain services. Changes to fees are effective after we provide you with notice through electronic communication or by posting the changes on the Site in accordance with Section (1), above. You are responsible for paying all fees and taxes associated with your use of the Service.
15.2. In order to maintain an active and open Account, Account Holders are required to have an active Subscription to use the Flipcause Service in accordance with Section (15.3), below.
15.3. Subscription costs and term lengths are agreed upon during Account registration and are dependent on the Service plan selected. You agree to make a “Subscription Payment” in advance for the term length and amount designated at Account registration. Flipcause may provide access to the Service to Account Holders prior to their Subscription beginning through a “Free Trial”. The length of the Free Trial varies and is determined at the time of Account registration. Once the Free Trial has concluded, you consent to having your Subscription Payment information listed at Account registration to be immediately processed to pay for your Flipcause Service Subscription. If your payment information listed on file fails, Flipcause will attempt to contact you for new payment information to process your agreed upon Subscription Payment. If we cannot obtain new payment information to process your Subscription Payment, you consent to Flipcause deducting the cost of the Subscription Payment from your Flipcause Account Balance. Flipcause will not cancel your Subscription unless expressly notified by you through phone, electronic, or written communication. The “Cancellation Date” is the calendar date that the Account Holder notifies Flipcause to cancel their Subscription. “Subscription Payment Date” is the date that the Account Holder made their Subscription Payment.
15.4. Flipcause charges a per “Transaction Fee” to Account Holders for Transactions that create a Charge. A Transaction Fee is applied to every donation, order, payment, invoice, or any other Charge originating from the Flipcause Payment Gateway. The Transaction Fee is dependent on the Service plan selected during Account registration and in accordance with Section (15.1), above. The Transaction Fee is listed at https://flipcause.com/pricing.
15.5. If the Supporter chooses, the Supporter has the opportunity to absorb the Transaction Fee on behalf of the Account Holder. If the Supporter chooses to absorb the Transaction Fee, the following conditions apply:
(i) The Transaction Fee will be added to the total Transaction Amount and charged to the Supporter’s submitted payment information.
(ii) The Transaction Fee is paid directly to Flipcause and will not be tax deductible.
(iii) The Transaction Fee will be considered paid, and a (0) percent Transaction Fee will be applied to the Account Holder’s Account Balance for the associated Charge.
15.6. If the Supporter chooses not to absorb the Transaction Fee, the Supporter pays a (0) percent Transaction Fee, added to the total Transaction Amount.
15.7. Transaction Fees will automatically be applied to the Account Holder’s Account Balance upon the processing of a Charge. See Account Balances and Bank Transfers in Section (17), below, of this Agreement to learn more about Account Balances.
16. REFUNDS
16.1. It is the Account Holder’s responsibility to communicate their refund policy to their Supporters. In the event of canceled or postponed events, undelivered orders, or unauthorized Charges the Account Holder refund policy is superseded by Flipcause’s refund policy as described in this Section. Account Holders shall ensure that their refund policy is consistent with the terms of this Agreement, the payment and refund processes included in the Services, and all applicable legal, regulatory and other governmental requirements. Flipcause will not be liable for any decision to issue or not issue refunds in conjunction with using the Flipcause Service.
16.2. FLIPCAUSE DOES NOT PROVIDE REFUNDS OF ANY FLIPCAUSE TRANSACTION FEES. IF YOU WANT TO ISSUE A REFUND FOR FLIPCAUSE FEES TO SUPPORTERS, OR IF YOU ARE REQUIRED TO ISSUE A REFUND FOR TRANSACTION FEES DUE TO TRANSACTION DISPUTES OR PURSUANT TO SECTION (16.4) AND SECTION (16.5) BELOW, IT IS YOUR SOLE RESPONSIBILITY TO ISSUE A PAYMENT DIRECTLY TO YOUR SUPPORTERS OR SUBMIT PAYMENT FOR SUCH FEES TO FLIPCAUSE OR ALLOW FLIPCAUSE TO DEDUCT SUCH FEES FROM YOUR ACCOUNT BALANCE PRIOR TO FLIPCAUSE REFUNDING THE FEES.
16.3. Supporter Refunds: If a Supporter would like to request a refund, the Supporter can request the refund from the Account Holder. If the Account Holder would like to fulfill the request for a refund, the Account Holder or Supporter can utilize the Services or contact Flipcause to process the refund. Flipcause will use commercially reasonable efforts to process refunds requested by the Account Holder or Supporters in a timely manner after the Account Holder or Supporter authorizes the issuance of the refunds. Flipcause has no responsibility to provide individual refunds which have not been authorized by the Account Holder or Supporter in accordance with this provision. In addition, Flipcause will not issue any refund to a Supporter unless and until sufficient funds for the refund have been received from the Account Holder.
16.4. Canceled events or undelivered orders: No payments shall be made to an Account Holder from Flipcause with respect to any event that is canceled, or for which the Account Holder otherwise authorizes a refund. If an event is canceled, Flipcause reserves the right to issue a refund to affected Supporters. If an event is rescheduled, Flipcause will use its sole discretion to determine whether it is considered a cancellation and therefore subject to the refund policy described in this Section.
16.5. Notwithstanding the foregoing, you acknowledge and agree that, to protect its reputation and the integrity of the Site, Flipcause shall have the right (but not the obligation) to force or provide a refund to Supporters for any or all amounts paid for event tickets or any other Transaction at any time for any reason or no reason, including without limitation if Flipcause receives complaints from a substantial number (as determined by Flipcause at its sole discretion) of Supporters with respect to the Account Holder or the applicable event, or Flipcause determines at its sole discretion that the Account Holder has engaged in any fraudulent activity or made any misrepresentations. Flipcause shall have no liability to an Account Holder in connection with or arising from any such decision to force or provide refunds.
16.6. Subscription Refunds: Flipcause offers refunds for “Unused Subscription Months” of a remaining Subscription. Unused Subscription Months consists of the remaining full calendar months of a Subscription, not yet rendered, after the Cancellation Date, that were paid for in advance when the Account Holder made their last Subscription Payment. Flipcause does not offer or provide refunds for full or partial calendar months of Subscription Payments prior to the Cancellation Date, regardless of activity. If less than one (1) calendar month of Service remains since your last Subscription Payment, no refund will be provided. It is the responsibility of the Account Holder to cancel their Subscription and close their Account to cease receiving Services from Flipcause as outlined in Section (15.3), above. The amount refunded will be calculated by taking the Unused Subscription Months multiplied by the monthly cost of the Account Holder’s selected Service. If Subscriptions were paid for through a deduction of the Account Holder’s Account Balance or by check, the Subscription refund will be added to the Account Holder’s Account Balance or a check will be mailed to the address on file. If Subscription Services were paid for by credit card, the Subscription refund will be refunded to the credit card used. If the credit card used is no longer active, the Subscription refund will be applied to the Account Holder’s Account Balance.
17. ACCOUNT BALANCES AND BANK TRANSFERS
17.1. If you possess a Flipcause Account Balance, the full amount of your Account Balance is considered a financial asset wholly owned, received and controlled by you, the Account Holder, and is a financial obligation to be paid to you, the Account Holder by Flipcause. Flipcause will pay funds owed to you using an ACH enabled, non-interest bearing account (“Settlement Fund”) in Flipcause’s name, owned by Flipcause, and registered through a 3rd party financial institution that is part of the Federal Deposit Insurance Corporation (“FDIC”) insurance program. Users consent to the management and operation of the Settlement Fund by Flipcause to perform activities related to the operation of Flipcause, Flipcause Account Holders, Fundraisers, or Supporters, including processing Transfers, issuing refunds, or other activity. Account Holders will have a full claim as a creditor to the funds owed to them by Flipcause. Account Holders will not receive interest or other earnings on the amounts in their Flipcause Account Balances.
17.2. The Account Balance includes the combined total sum of Account Balance Credits and Account Balance Debits, which can be further subcategorized as associated Flipcause Payment Gateway Charges (“Received Records”), Transaction Fees (“Fee Records”), or Transfers processed to date (“Transfer Records”) (collectively known as “Posted Records”). The Available Balance is calculated by taking the total sum of the Account Balance plus the Pending Balance. The Pending Balance includes the withheld amounts authorized by Flipcause (“Pending Records”) that are currently not available for Transfer due to verification compliance as outlined in Section (8.2), above. You can view an itemized list of all Account Balance Credits, Account Balance Debits, and all Posted Records and Pending Records, and make Transfers on your Dashboard by logging into your Account.
17.3. You may Transfer funds from your Flipcause Account by electronically transferring them to your Verified Bank Account with the ability to receive ACH transfers. Verified Bank Accounts are bank accounts listed in the Account Holder Dashboard that have been automatically validated by the Service through micro deposit verification or manually validated by a Flipcause representative through voided check verification. The maximum amount for a Transfer is Fifty Thousand Dollars ($50,000) per day for accounts that have not reached a threshold of Two Million Five Hundred Thousand Dollars ($2,500,000) raised in any one quarter. For accounts that have reached the threshold of Two Million Five Hundred Thousand Dollars ($2,500,000) raised in any one quarter, the maximum amount for a transfer is One Hundred Thousand Dollars ($100,000) per day. There is no minimum amount for a Transfer. For electronic transferring, you will receive up to ten(10) free Transfers per calendar month, and be charged a Transfer fee of nine dollars ($9) for every Transfer thereafter until the following calendar month. The ten (10) free Transfers per calendar month do not roll over to subsequent months. Transfers by electronic ACH typically take one (1) to five (5) business days to deliver. You may also process Transfers by check sent to the address on file. For Transfers made by check there is a processing fee of twenty five dollars ($25.00) plus ten dollars ($10) for certified shipping costs. Transfers made by certified check typically take between ten (10) to thirty (30) business days to deliver. Depending on the degree to which you have verified your account, we may limit your ability to process Transfers until you comply with our requests for information. In addition, we may delay Transfers of large sums of money, as determined by Flipcause, while we perform a risk assessment. Account Holders represent, warrant and covenant that the checking or savings account information provided to Flipcause is accurate and Account Holders will update this information as necessary to maintain its accuracy. Payments could be delayed by up to three (3) to thirty (30) business days if incorrect account or routing information is provided, and Flipcause will charge the Account Holder a fee of ten dollars ($10), which will be debited from the Account Holder’s Account Balance, to cover the Bank’s ACH failure fee.
17.4. If an Account Holder has insufficient funds in their Account Balance to cover chargeback fees, reversed Transaction Amounts, Transfer fees, Bank ACH failure fees, Subscription costs, or any other fees related to the Service, it is possible for the Account Holder’s Account Balance to reflect a negative monetary value (“Account Balance Deficit”). You agree that the Account Balance Deficit will be considered a debt to Flipcause. If an Account remains active, the Account Holder will have the opportunity to settle the Account Balance Deficit through the continued use of the Service by processing Transactions through the Flipcause Payment Gateway in accordance with Section (8), above. If an Account becomes inactive, the full amount of the Account Balance Deficit will be due immediately. Flipcause reserves the right to collect any debt through any and all legal means including debiting any financial instrument on file in your Account. If you have any questions about how to resolve your financial obligation to Flipcause, please don’t hesitate to contact legal@flipcause.com.
17.5. If an Account becomes inactive as outlined in Section (7.3), above, a check for the remaining Account Balance will be mailed to the address on file within 60 days of Account closure. If an Account Balance remains at the time the Account is closed, an “Account Closure Fee” of ten percent (10%) of the remaining Account Balance will be applied to the final check Transfer. The Account Holder will be able to avoid the Account Closure Fee by processing a Transfer for an amount equal to their full Account Balance prior to the cancellation of their Account.
18. RELATIONSHIP OF PARTIES
18.1. Except with regards to the Flipcause Payment Gateway in which Flipcause represents through agency an Account Holder, Users and Flipcause are independent contractors, and nothing in these Terms and Conditions or any other Site Documentation will create any partnership, joint venture, franchise, sales representative, or employment relationship between you and Flipcause or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this Section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these Terms and Conditions, you will be deemed to have taken the action yourself.
18.2. The Services are offered as a software and administrative platform only. Flipcause expressly disclaims, and you acknowledge and agree:
(i) As a software provider and payment processor, Flipcause does not solicit funds, assets or property for charitable purposes in any state;
(ii) Flipcause provides services related to the management of the Services and the Flipcause software only, and does not plan, manage, advise, consul, consult, or prepare material for, or with respect to, the solicitation of funds, assets or property for charitable purposes in any state; and
(iii) Flipcause does not employ, procure, or engage any compensated person to solicit, receive, or control funds, assets or property for charitable purposes.
(iv) Flipcause is not responsible for the use of donations made through the Services in connection with any Campaign.
19. TAXES
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Flipcause is not responsible for determining whether taxes apply to your Account Transactions or for collecting, reporting, withholding or remitting any taxes arising from any Transaction. You acknowledge that Flipcause may report to the Internal Revenue Service the total amount of the payments you receive each calendar year for all of the Accounts you own if you (a) receive more than $20,000 AND (b) receive more than 200 payments, in that calendar year.
20. THIRD-PARTY SITES
The Service may link or permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the Content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any Content, goods, or services available through any third-party website or resource.
21. CONTENT AND LICENSE
21.1. You agree that the Service contains Content provided by the Company, its partners, affiliates and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the service.
21.2. The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right. Furthermore, you agree not to:
(i). Display or otherwise use our or our affiliates’ trademarks or logos (including any Flipcause Mark) except solely as expressly permitted under and in accordance with the Agreement.
(ii). Add or display or otherwise use any trademark or logo of any affiliate on the Site in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing, email or attachment to email, or other document, or any oral solicitation).
(iii). Add or display or otherwise use any trademark or logo of any affiliate on the Site in connection with any sharing tools (e.g., Facebook, Twitter, etc.) located within the Flipcause Site unless expressly permitted by the Company.
(iv). Add or display or otherwise use any trademark or logo of any affiliate on the Site in connection with any other online promotions, applications, platform, sites, or services (including social networking sites). You may however use the Flipcause Marks for online and offline promotions of an Account Holder’s Campaign in accordance with the terms set forth in the Flipcause Trademark Guidelines found at https://flipcause.com/trademarks.
22. INDEPENDENT CONTENT PROVIDER
Under this Agreement, Flipcause is an independent content provider (“ICP”). As an ICP, the Account Holder is responsible and liable for any and all activities conducted through its Account on the Flipcause Service by the Account Holder and the Account Holder’s users regardless of whether or not the Account Holder has authorized any such uses.
23. INTELLECTUAL PROPERTY OF USERS
By submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
(i). The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, irrevocable, royalty-free right to and to allow others acting on its behalf to:
(a). use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, and distribute your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with;
(i) the Service,
(ii) the Company’s (and its successors’ and assigns’) businesses,
(iii) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);
(b). take whatever other action is required to perform and market the Service;
(c). allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
(d). use and publish, and permit others to use and publish the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
(ii). You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
(iii). You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
(iv). You further agree that your User Submissions will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company the entire license rights granted herein.
(v). You will pay all royalties and other amounts owed to any person or entity based on your submitting User Submissions to the service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms and Conditions.
(vi). The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
(vii). The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
(viii). All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that Content originated.
(ix). The Company will not be liable for any errors or omissions in any Content.
(x). The Company verifies all Account Holders of the Service, but cannot guarantee the identity of any other Users with whom you may interact while using the Service.
(xi). All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
24. COPYRIGHT NOTIFICATIONS
24.1. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked.
24.2. In accordance with the Digital Millennium Copyright Act (“DMCA”), Flipcause has adopted a policy of, in appropriate circumstances, terminating User Accounts that are repeat infringers of the intellectual property rights of others. Flipcause also may terminate User Accounts even based on a single infringement.
24.3. Flipcause respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Flipcause with the following information in writing:
(i). A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii). A description of the copyrighted work or intellectual property that you claim has been infringed;
(iii). A description of where the material that you claim is infringing is located on the Site;
(iv). Your address, telephone number, and email address;
(v). A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi). A statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
24.4. You can send claims of copyright or other intellectual property infringement to:
Flipcause, Inc – Legal Department
101 Broadway
Oakland, CA 94607
25. TERMINATION
Flipcause reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate an Account Holder’s Account, the Terms and Conditions, and/or any User’s access to all or a portion of the Flipcause.com Site and/or remove any registration information or User Content from the Site, for any reason. Upon termination or expiration of the Terms and Conditions, User’s obligations and Flipcause rights and disclaimers survive, but User’s right to use the Flipcause Site and Services immediately ceases.
26. WARRANTY DISCLAIMER
THE SITES, SERVICES, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY FLIPCAUSE.COM, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(I). THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II). ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III). ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(IV). THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
27. INDEMNIFICATION
Users are entirely responsible for maintaining the confidentiality of passwords and Accounts. Furthermore, Users are entirely responsible for any and all activities that occur under their Account. User agrees to indemnify, defend and hold harmless Flipcause, its parents, affiliates and subsidiary companies, shareholders, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from User’s use of the Services, the violation by the User of the Terms and Conditions or the infringement by User of any intellectual property or other right of any person or entity. User agrees to immediately notify Flipcause of any unauthorized use of User’s Account or any other breach of security known to user.
28. LIMITATION OF LIABILITY
28.1. Under no circumstances will Flipcause, Inc. or Flipcause.com be liable to you for any incidental, consequential, special, or unexpected damages in connection with your use of this website, Site-related Services, Site Content and User Submissions including, without limitation, injury or damages resulting from User conduct, whether online or offline, for loss of principal or earnings.
28.2. IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:
(I). FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING);
(II). FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR
(III). FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
29. INTERNATIONAL
Flipcause.com is controlled and operated from within the United States. Flipcause makes no representation that the Site is appropriate or available in locations outside of the United States. Those who choose to access the Flipcause Site from other locations do so at their own risk and are responsible for compliance with applicable laws.
30. ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT
30.1. Flipcause reserves the right to send you occasional emails to inform you of important notices related to your Account, as well as product updates and promotional announcements.
30.2. You may unsubscribe from emails related to product updates and promotional announcements at any point by clicking on the “unsubscribe” link in the footer of the email or contacting us directly at legal@flipcause.com. Once you have unsubscribed your email from the flipcause.com email list, you will not receive future emails about product updates and promotional announcements to the email address you unsubscribed from.
30.3. Emails communicating important notices related to your Account are critical to ensure problems are addressed in a timely manner and cannot be unsubscribed from while this Agreement is in effect. If you feel strongly about not receiving these types of emails, please contact us at legal@flipcause.com. Users consent to the use of electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement and electronic records to retain any and all information related to this Agreement and your use of the Site or Site-related Services.
31. INTEGRATION AND SEVERABILITY
If any provision of these Terms and Conditions are deemed unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions and Privacy Policy represent the entire agreement between you and Flipcause relating to the subject matter herein.
32. PRIVACY
32.1 To the extent Account Holder Data that includes Personal Information is sent by Account Holders through the Flipcause Service and Account Holders’ use of the Flipcause Service involves transferring Personal Information outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the Data Processing Addendum available at https://flipcause.com/dpa/ shall apply to such Personal Information and be incorporated into this Agreement. Account Holder Data shall be hosted and persistently stored by Flipcause or its third-party service providers in the United States. In providing the Service, Flipcause may engage sub-processors to process Account Holder Data, including, without limitation, any associated Personal Information pursuant to this Agreement within the European Economic Area, the United States and in other countries and territories. Under no circumstances will Flipcause be deemed a data controller with respect to Account Holder Data under the Data Protection Act (European Directive 95/46/EC) or any relevant or replacement law or regulation of any Member State as defined therein.
32.2. Account Holders agree to comply with all applicable privacy and data protection regulations. Further, Account Holders agree to not use the Service to collect, store, or send Sensitive Information. “Sensitive Information” shall mean information the unauthorized disclosure of which could cause material, severe, or catastrophic harm or impact to Flipcause, any data subjects or third parties, including but not limited to passwords, authentication/authorization credentials, business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications), and information under regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards) including without limitation:
(i). credit card information, or credit card numbers and magnetic stripe information;
(ii). social security numbers;
(iii). driver’s license numbers;
(iv). passport numbers;
(v). government issued identification numbers;
(vi). financial account information;
(vii). genetic, biometric, or health data; and
(viii). personally identifiable information collected from children under the age of 13 or from online services directed toward children.
32.3. Flipcause may also collect registration and other information about Users through Flipcause’s Services. Flipcause’s collection and use of information collected about Users on Flipcause’s Services is governed by the Flipcause Privacy Policy, available at https://flipcause.org/privacy. The Flipcause Privacy Policy does not cover the usage of Account Holder Data by Account Holders that Flipcause collects on Account Holders’ behalf through the use of the Service. It is the Account Holder’s obligation to provide their own privacy policy or notice to their end users.
33. TRADEMARK INFORMATION
33.1. The Flipcause Logo and Name are registered trademarks of Flipcause, Inc. Flipcause trademarks may not be used in connection with any product or service that do not belong to Flipcause in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Flipcause. Other products or company names used on this website may be the trademarks of their respective owners.
33.2. Please review Flipcause Trademark Guidelines, located at https://flipcause.org/trademarks, for additional guidelines regarding use of Flipcause and our affiliate’s trademarks.
34. MISCELLANEOUS
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms and Conditions are personal to you, and are not assignable, transferable, or sub-licensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day by recognized overnight delivery service.
Thank you for using Flipcause!
Flipcause, Inc.
101 Broadway
Oakland, CA 94607
800-523-1950