TERMS OF USE
TERMS OF USE OF THE WEBSITE
AND
TERMS AND CONDITIONS OF SERVICE
TPO3, LLC (“TPO3,” “we,” “us,” “our”) is a marketing-service provider that provides a platform for its users to access and connect to a larger base of people, organizations and causes. These Terms of Use and Terms and Conditions of Service (“Terms”) govern your access and use of TPO3's platform, www.tpo3.com (“Website”) and other TPO3 products and services you avail yourself of (“Services”).
Please read the Terms carefully, along with TPO3's Privacy Policy, https://www.tpo3.com/privacy-policy.php, which provides the User (defined herein) more information on how we collect, process and disseminate your information.
By mere use of the Website, you shall be registering with www.tpo3.com, referred to as “TPO3” and shall be construed as may be applicable to you. These terms and conditions, along with any policies referred to herein, constitute your binding obligations with TPO3, LLC. If you do not agree with any of such terms and conditions, please do not access the Website or avail yourself of our Services.
It is your responsibility to review these Terms periodically. If changes are made to these policies/terms, your continued use of the Website, after such changes are made, will signify your acceptance and agreement to be bound by the Terms and Privacy Policy. If you transact on the Website, you shall also be subject to the laws and policies as applicable to the Website for such transactions.
DISCLAIMER:
Any contribution made on the Website by you should not be construed as an investment in any form whatsoever. TPO3 is not a broker, financial adviser, bank, financial institution, or charity. We do not provide financial advice or financial returns in any form whatsoever, including, but not limited to, financial securities (debt or equity), interest, dividend, profit share or rewards to individuals that contribute on the Website.
A. TERMS OF USE
1. ABOUT TPO3, THE WEBSITE, AND RELATED SERVICES
1.1. TPO3, LLC is an American company duly registered as a Limited Liability Company under the laws of the state of Georgia, U.S.A.
1.2. TPO3 is a marketing-service provider and provides platform services, which can be utilized by Users and persons browsing the Website to reach a larger base of potential donors. You acknowledge and agree that TPO3 provides Users with a platform to fundraise through its proprietary system, the Automated Algorithm™, and it is agreed that transactions between Users and TPO3, whether gratuitous or otherwise, shall be bipartite between TPO3 and the person making such contribution and the person receiving it, only.
1.3. The Website is a platform that Donors (defined herein) utilize to both meet, donate and interact with various Campaigners (defined herein) and representatives of various non-governmental organizations or entities (referred to together as “NGOs”) in the United States, based on representations of campaigns or causes initiated by such parties, to enter into transactions, make contributions or share information. All information provided about campaigns is provided by the Campaigner who is initiating their own fundraiser, or by the NGO's on behalf of whom the Campaigns have been initiated to raise funds, which TPO3 may list on the Website at its own discretion.
1.4. Your registration is with TPO3 and you confirm that the platform Services availed by you are for your internal/personal purpose. You authorize us to declare and provide any declaration to any governmental authority on your behalf, stating the aforesaid purpose of the Services availed of by you on the Website.
2. PERMITTED USE
2.1. Users: For the purpose of these Terms and other TPO3 policies, referred to herein, “you,” “our” or “User,” shall mean any natural or legal person, which includes Donors and Campaigners (defined below) as and where applicable and to be understood so, and any other person who registers on the Website.
2.2. Campaigners: Individuals requiring funds who have a valid bank account permitted to present or host campaigns on the Website in accordance with TPO3’s policies, which are incorporated by way of reference in these Terms, and in accordance with applicable laws.
2.3. Donors: Individuals registered with TPO3, including any natural or legal persons having a valid bank account who make donations through the Website platform, gratuitous or otherwise, are referred to as Donors. Designated DonationsTM are made towards campaigns previously registered on the site in compliance with state, local and federal laws, and laws applicable in the jurisdiction of the Donor.
2.4. For more information on how Users, including Donors and Campaigners, interact on the Website, please refer to Part B of these Terms.
2.5. Unregistered Users: All persons are permitted to browse the Website, even without providing registration data/registering on the Website. However, such persons cannot make financial or other contributions in kind to any of the Campaigners without prior registration. Similarly, Campaigners cannot create fundraisers for their causes without registering on the website. Persons who do not register with TPO3 may only browse the website.
2.6. Minors: TPO3's Website and related Services are available only to Users who are18 years of age or older, and who can form binding agreements under applicable law. If the User is under the age of 18 years (“minor”), the User may only access the Website with the consent and supervision of a parent or legal guardian, provided that such parent or legal guardian agrees to be bound by the Terms and other TPO3 policies referred to herein, and provides consent on behalf of the minor in all cases where consent is required.
2.7. If you are registering as an NGO, other organization or legal person, not being a natural person, you represent that you are duly authorized by the NGO, organization or legal person to accept and be bound by these Terms and policies referred to herein.
2.8. By registering and creating an account on the Website, you shall be responsible for maintaining the confidentiality of your login credentials (login name, password), campaign details, details regarding Donors, specific donation amounts and for all activities that occur through your account.
2.9. You agree that all the information you provide TPO3 is true, accurate and complete. If any information provided by you is inconsistent, inaccurate, not current, incomplete, and/or deceptive and if we have reasonable grounds to suspect that your information is inconsistent, inaccurate, not current, incomplete, you will be required to make the necessary corrections. If any registered donor is found to be deceptive or not in accordance with these Terms or other TPO3 policies referred to herein, we reserve the right to indefinitely suspend, block access to or terminate your registration with TPO3, at our sole discretion, redirecting and redistributing the funds towards registered donors with viable campaigns.
3. PROHIBITED USE
3.1. Use of the Website is not available to persons who cannot form legally-binding contracts under state and/or federal laws (e.g., minors who are not eligible to use the Website without the express consent of a parent or their respective legal guardians). Such persons shall not register on TPO3, transact directly, or use the Website without obtaining such necessary consent.
3.2. While accessing the Website or availing of any Services offered by TPO3, the User shall not:
(i) act in violation of applicable laws,
(ii) engage in activities that will cause wrongful loss or wrongful gain to any person,
(iii) access the Website or use the Services in such a way that adversely affects the performance or function of the Website and related Services or interferes with the ability of any other User (unregistered or otherwise) or legal or natural person to access the Website and related Services,
(iv) provide false or misleading information to TPO3,
(v) upload unlawful or objectionable content on the Website,
(vi) use or access the Website, Services, information or software available for the Services in any manner not expressly permitted by TPO3, or
(vii) input or upload information that contains viruses, trojans, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system.
3.3. If the User breaches any of the terms and conditions contained in TPO3's Terms and other policies in any way, TPO3 may take such action as TPO3 deems appropriate to deal with the breach, including suspension of access to the Website and/or Services, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
4. USER CONTENT
4.1. The Website requires Users to generate content for causes, campaigns or other applicable content, which originates from the User, including, but not limited to, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (“User Content”). Please be advised that such User Content posted by Users does not reflect TPO3's views.
4.2. To the extent User Content is shared with TPO3, the User grants TPO3 a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify or create derivative works based on, publicly perform and display, and otherwise use the User Content.
4.3. In particular, TPO3 may use the User Content to improve or modify the Services, in which case the User shall have no right, title or interest in such improved or modified Services. TPO3 reserves the right to use or modify User Content licensed to it, without providing the User with reason or notice.
4.4. User Content is all third-party-generated content and TPO3 has no control over and cannot be held liable for any User Content. In such cases, the User shall (subject to the above license grant) maintain all intellectual property rights in and will be responsible for the User Content they generate. TPO3 shall have the right to remove or edit any User Content that, in its sole discretion, violates or is alleged to violate any applicable law, or the express terms, or intent of these Terms. Please refer to Paragraphs 22.2 and 22.3 for details.
4.5. Notwithstanding this right, you remain solely responsible for the content and the materials you post on the Website and in your private/public messages.
5. CHARGES
5.1. TPO3 does not charge any fee for browsing on its Website. TPO3's charges are limited to the facilitation fee (including platform/collection fees and transactional charges) which are charged to the beneficiaries of funds raised on TPO3, as per TPO3's Proprietary Automated Algorithm, or on the terms and conditions otherwise agreed to between TPO3 and the Campaigner.
5.2. TPO3 reserves the right to change its Proprietary Automated Algorithm. TPO3 may, at its sole discretion, introduce new services or features and modify some or all of the existing Services offered on the Website. In such an event, TPO3 reserves the right to introduce fees for the new services offered, or amend/introduce fees for existing Services, as the case may be.
5.3. By agreeing to these Terms, you also agree to your donation flowing through the Proprietary Automated Algorithm to help fund other registered donors, as may be applicable.
6. COMMUNICATION AND VARIATION
6.1. When you use the Website or send e-mails or transmit other data, information or communication to TPO3, you agree and understand that you are communicating with TPO3 through electronic records and you consent to receive communications via electronic records from TPO3, periodically, and as and when required.
6.2. TPO3 may communicate with you by email or through the Services interface, by postings on the Website or by such other reasonable mode of communication, electronic or otherwise.
6.3. TPO3 shall, at its sole discretion, modify the terms and conditions in these Terms and other policies referred to herein. Any such changes become effective no earlier than 14 (fourteen) days after they are posted, except (i) those that change or address new functions of the Services, (ii) changes made for legal reasons, which will be effective immediately, and (iii) changes made for data security reasons.
6.4. For any material changes, TPO3 may take reasonable steps to notify the User of such changes via e-mail, or by using the Service interface. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
6.5. In spite of such notifications, the User should return to these Terms periodically to ensure familiarity with the most current version of the Terms. The date on which these Terms were last updated is provided at the top of this document.
7. USER PRIVACY
7.1. We view the protection of your personal information and privacy as a very important principle. We understand clearly that you and your personal information are one of our most important assets. We store and process your information, including sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures, in accordance with applicable law.
7.2. Please refer to our Privacy Policy, https://www.TPO3.com/privacy-policy.php, to know how your information is collected and handled by us.
8. TERM AND TERMINATION
8.1. Unregistered Users may access the Website to browse without registration and choose to stop using the Website at any time at their sole discretion.
8.2. Registered Users are provided access to the Website and related Services through their login account till they no longer wish to continue being registered with the Website, by clicking through the “Delete Your Account” tab or if TPO3 removes them from their Website database, in accordance with the Terms. Note that we reserve the right to retain such data, as is allowed or required under applicable laws.
8.3. TPO3 may, at its sole discretion, suspend or terminate your account (or any part thereof) or your use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use, or if TPO3 believes that you have violated or acted inconsistently with any of its Terms or policies, referred to herein.
8.4. Any suspected fraudulent, abusive or illegal activity that may be grounds for immediate termination of your use of the Website and Services, and may also be referred to appropriate law enforcement authorities.
8.5. TPO3 may also, in its sole discretion and at any time, discontinue providing the Services to you, or any part thereof, with or without notice to you. You agree that any termination of your access to the Website and Services, under any provision of these Terms may be effected without prior notice. You acknowledge and agree that TPO3 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website and related Services.
8.6. TPO3 may, at any time and at our sole discretion, reinstate suspended Users. A User who has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever, until such time that such User is allowed by us.
8.7. Notwithstanding the foregoing, if you breach these Terms or the Privacy Policy or other rules and/or policies of TPO3, we reserve the right to recover any amounts due and owing by you to us and/or take strict legal action, including but not limited to, a referral to the appropriate police, or other authorities, and/or initiating criminal or other proceedings against you.
8.8. Further, you agree that TPO3 will not be liable to you, or any third party, for any termination of your access to the Services.
9. GENERAL RULES FOR USE OF THE WEBSITE AND RELATED SERVICES
You agree, undertake and confirm that your use of the Website shall strictly be governed, along with the other conditions provided for herein, by the following binding principles:
9.1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging of money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) is unlawfully threatening or unlawfully harassing to men or women;
(d) is misleading in any way;
(e) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(f) harasses or advocates harassment of another person;
(g) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(h) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(i) infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, privacy rights (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity);
(j) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed, copy-protect devices, or providing pirated music or links to pirated music files;
(k) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(m) provides instructional information about illegal activities, such as making or buying illegal drugs and/or weapons, violating someone's privacy, or providing or creating computer viruses;
(n) contains unauthorized videos, photographs, or images of another person;
(o) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personally-identifying information for commercial or unlawful purposes from other Users;
(p) engages in commercial activities and/or sales without our prior express and written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, related to the Website;
(q) solicits gambling or engages in any gambling activity or other activity which we, in our sole discretion, construe as being illegal;
(r) interferes with another User's use and/or enjoyment of the Website and/or Services;
(s) refers to any website or URL that, in our sole discretion, contains inappropriate material for the Website or any other website that contains content which is prohibited or violates the spirit of these Terms;
(t) harms minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or rights of publicity or privacy;
(v) deceives or misleads the Users about the origin of such messages;
(w) communicates any information which is grossly offensive or menacing in nature;
(x) impersonates another person; or
(y) violates any applicable law for the time being in force.
9.2. You shall not use any "deep-link," "page-scrape," "robot," "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Website content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
9.3. You shall not probe, scan or test the vulnerability of the Website or any network, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of the Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than your own information, as provided for by the Website.
9.4. You shall not make any denigrating or defamatory statement(s) or comment(s) about TPO3 or the brand name or domain name(s) used by TPO3 or otherwise engage in any conduct or action that might tarnish the image or reputation, of TPO3 on any platform or otherwise tarnish or dilute any of TPO3's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TPO3 systems or networks, or any systems or networks connected to TPO3.
9.5. You may not use the Website, or any content available on the Website, for any purpose that is unlawful or prohibited by these Terms, or under applicable law or solicit the performance of any illegal activity or other activity which infringes the rights of TPO3 and/or others.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1. This Website, all the materials and information (including, but not limited to, campaigns) and Services, included or otherwise made available to you through this Website are provided without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the foregoing paragraph, TPO3 does not warrant that:
(a) this Website will be constantly available, or available at all; or
(b) the information on this Website is complete, true, accurate or not-misleading, save and except what is directly provided to the User by TPO3.
10.2. TPO3 will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, the advice of any kind and is not binding on any party.
10.3. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TPO3 AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.4. TPO3 AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10.5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICE.
10.6. Please refer to Paragraph 28 in Part B, below, to see TPO3's limitation of liabilities.
11. INDEMNITY
11.1. The User shall indemnify and hold harmless TPO3, its officers, shareholders, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claims, actions, penalties, prosecutions, proceedings, losses, disputes, charges, penalties, costs and expenses, including reasonable attorneys' fees, that may arise or may be incurred by TPO3 as a consequence of any default, breach, non-observance, non-performance or negligent act, whatsoever, by the User of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by TPO3 and the User.
11.2. You agree to release, indemnify and hold TPO3 and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any donations, any Campaigns, any User Content, your connection with the Services, your violation of these Terms or your violation of any rights of another person or User.
12. LINKED WEBSITES/ APIs
12.1. The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. TPO3 has no control over such sites, services and resources and TPO3 is not responsible for and does not endorse such sites, services, and resources.
12.2. TPO3 does not endorse, in any way, any third-party website(s) or content thereof. TPO3 does not take responsibility or liability for the actions, products, content, and services on the Website which are linked to its affiliates and/or third-party websites using the Website's APIs or otherwise.
12.3. You further acknowledge and agree that TPO3 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that TPO3 is not liable for any loss or claim that you may have against any such third party.
12.4. You may enable or log into the Services via various online, third-party services, such as social media and social networking services, like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and TPO3 shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services.
13. WAIVER
13.1. The User hereby agrees and states that TPO3 is only a service provider to enable NGOs and other causes to be marketed, publicized, made aware of or campaigned for.
13.2. The User waives any and all rights to claims with respect to performance, advertisement or misrepresentation of any information available on the Website, and also waives his/her right to bring any action against TPO3 regarding the same, whatsoever.
13.3. The failure of, or delay by, TPO3 to enforce any right or provision of the Terms or other policies referred to herein shall not constitute a waiver of such right or provision.
14. DISPUTE RESOLUTION
14.1. As a User, you agree you are solely responsible for your interactions on the Website. TPO3 will have no liability or responsibility with respect to disputes arising between you and other Users.
14.2. Any dispute arising from the use of the Website or from the Services, or with inclusion of TPO3 as a party (formal or otherwise), shall first be resolved amicably and in a reasonable time, by writing to us at admin@tpo3.com.
14.3. If the dispute cannot be settled amicably, such dispute shall be resolved by referring it to arbitration, in accordance with the United States Arbitration Act or more commonly referred to as the Federal Arbitration Act of 1926 FAA, or in accordance with the laws of the State of Georgia or other applicable law in the event the FAA does not apply.
14.4. The seat of arbitration shall be in Georgia and the language to be used in all proceedings shall be English.
15. GOVERNING LAW AND JURISDICTION
15.1. All campaigns hosted by TPO3 on its platform are based in the United States. However, the Website maybe accessed by persons residing/living in countries other than the United States. TPO3 welcomes foreign Donors to participate in and contribute towards campaigns by making financial contributions subject to existing United States laws, along with any law applicable in the jurisdiction from which the donation is being made.
15.2. These Terms and all other policies referred to herein shall be governed by and construed in accordance with the laws prevailing in the United States. Those who choose to access this Website from other locations/countries (other than the United States) do so on the understanding that all transactions are bipartite in nature between the Campaigner and the Donor.
15.3. Any disputes relating to the Terms and all other policies referred to herein shall, subject to Paragraph 14, be subject to the exclusive jurisdiction of courts in Georgia, U.S.A.
16. ASSIGNMENT
16.1. TPO3 may transfer, sub-contract or otherwise deal with its own rights and/or obligations under the Terms without notifying the User, or without obtaining the User’s consent (except as provided for under the Privacy Policy).
16.2. The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms, without express written consent from TPO3.
17. HEADINGS
The headings/titles in these Terms are for convenience only and have no legal or contractual effect.
18. SEVERABILITY
If a provision of these Terms, or other applicable TPO3 policies, is determined by any court, competent authority or applicable law to be unlawful and/or unenforceable, that part will be deemed deleted, while all other provisions of these Terms, or other TPO3 policies, will continue to remain in full force and effect.
19. CONTACT US
19.1. TPO3 encourages feedback and suggestions on how to improve the Website or any offered Services. We welcome any concerns that may arise with regard to your use of the Website and offered Services.
19.2. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to TPO3, are non-confidential and TPO3 will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
19.3. Please send any questions or comments you may have regarding these Terms, other policies or generally regarding this Website, to admin@tpo3.com.
20. INTELLECTUAL PROPERTY RIGHTS
20.1. Services Content, Software, and Trademarks: You acknowledge and agree that the Website and the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TPO3, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Website. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by TPO3 from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content, other than as specifically authorized herein, is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of TPO3, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TPO3.
20.2. TPO3 Name and Logo: The TPO3 name and logo are trademarks and service marks of TPO3 (collectively the " TPO3 Trademarks "). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TPO3. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TPO3 Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of TPO3 Trademarks will inure to our exclusive benefit.
20.3. Third-Party Material: Under no circumstances will TPO3 be liable in any way for any content or materials of any third parties (including that of Users and Campaigners), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that TPO3 does not pre-screen content, but that TPO3 and its designees will have the right (but not the obligation), in their sole discretion, to refuse or remove any content that is available via the Services. Without limiting the foregoing, TPO3 and its designees will have the right to remove any content that violates these Terms or is deemed by TPO3, in its sole discretion, to be otherwise objectionable.
20.4. Copyright Complaints: TPO3 respects the intellectual property of others and we ask all our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify TPO3 of your infringement claim in accordance with the procedure set forth below:
(a) TPO3 will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to TPO3's Grievance Officer at admin@tpo3.com, with the subject line: "Takedown Request."
(b) To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Website;
- your address, telephone number, and email address; and
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Request 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.
(c) TPO3 shall (subject to applicable laws) make best efforts to review your Takedown Request within 120 (one hundred twenty) hours of receipt of your complaint and take necessary action, accordingly.
(d) Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Grievance Officer:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content;
- your name, address, telephone number, and email address;
- a statement that you consent to the jurisdiction of the courts in Georgia, U.S.A.; and
- a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, TPO3 may, in our sole discretion, send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed content or cease disabling it in 10 (ten) working days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at our sole discretion.
20.5. Repeat Infringer Policy: In accordance with applicable law, TPO3 has adopted a policy of terminating accounts of, in appropriate circumstances and at TPO3's sole discretion, Users who are deemed to be repeat infringers. TPO3 may also, at our sole discretion, limit access to the Services and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. TERMS OF SERVICE
Part B of these Terms provides User-specific information related to Donors and Campaigners and their interactions on the Website.
21. PLATFORM FOR INFORMATION, COMMUNICATION AND
TRANSACTION
21.1. The Website serves as a platform to bring together persons looking to donate funds to interact with causes or NGOs that require such funds for legitimate reasons. Donors utilize the platform/Website to make such non-refundable donations towards campaigns already registered and flowing through the proprietary Automated Algorithm portal, based on representations of Campaigners or representatives of NGOs and enter into transactions for making contributions or sharing information.
21.2. All information provided with respect to a campaign is solely provided by the Campaigner and TPO3 is only a marketing-service provider. TPO3, at its sole discretion, can verify at any time, the genuineness of campaigns and the supporting data provided by the Campaigner.
21.3. All commercial or contractual terms are offered by and availed of solely between the Campaigner on one side and the Donors on the other. TPO3 facilitates transactions between Campaigners and Donors but is not a party to any agreement between a Campaigner and/or Donor or any other party. The commercial/contractual terms include, without limitation, representations made by the Campaigner with respect to amount of funds to be raised, use of the funds raised, other costs incurred, payment methods, payment terms, warranties related to the ultimate use of the funds, effectiveness of utilization of funds, impact of the campaign, rewards offered by the Campaigner and contributions made by Users.
21.4. Notwithstanding any representations made, Users are urged to independently verify the veracity of any statements made by Campaigners on the Website. TPO3 does not implicitly or explicitly support or endorse any of the campaigns on the Website. TPO3 accepts no liability for any errors or omissions with respect to such campaigns, whether on behalf of itself or any of the Campaigners.
21.5. TPO3 is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigner or for any contractual obligations entered into between Users. TPO3 cannot and does not guarantee that the concerned Campaigner will perform any commitment concluded on the Website.
21.6. Your correspondence or business dealings with, or participation in promotions of, Campaigners found on or through the Website, including delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Campaigner. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Campaigners on the Website.
22. CAMPAIGNERS
22.1. Campaigners are bound and legally liable to (a) provide accurate, true and correct information with respect to details of the cause for a campaign to raise funds on our Website, (b) ensure that all donations received are being used solely as described in the Campaign, (c) share their cause with family, friends and those who also have needs to raise funds, and (d) abide by all applicable laws relating to their activities.
22.2. TPO3 reserves the right to delete any campaign if we have reasonable information to believe that any User Content is false, does not depict the true nature of the campaign, or is misleading in any manner, forfeiting any funds accumulated.
22.3. Campaigners shall ensure that the information provided, and/or the campaign, does not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe the campaign and User Content on the need and the use of the funds raised.
22.4. It shall, at all times, be the responsibility of the Campaigners to execute the campaigns as represented, and furnish the Donors with accurate progress reports, or other agreed-upon updates, and any further information that may be required by Donors, to track the utilization of the funds donated by such Donors to the Campaigners, for the campaigns, through the Website. TPO3 guarantees that all registered donors shall receive backing only from other donors who register thereafter. TPO3 does not guarantee Donor registrations.
22.5. The Campaigner shall at all times be responsible for and ensure the performance of offers made by them. In the event of any failure regarding fulfillment of obligations of the Campaigner, disputes shall be settled between the parties directly.
22.6. TPO3 shall not be held responsible for any default/non-performance on the part of the Campaigner. At no time shall TPO3 be required to mediate or resolve any dispute or disagreement between Donors and the Campaigners.
23. DONORS
23.1. Donors shall make designated donations towards campaigns as per the terms and conditions stated in these Terms and/or as otherwise promised independently to Campaigners. Donors not located in the United States may be required to contribute through a collecting agent who may be in a different country.
23.2. The Donor should conduct independent due diligence with respect to any information/campaign listed by a Campaigner (which includes the NGOs in the United States) before making any donations on the Website. TPO3 cannot vouch for the genuineness or honesty of a campaign in any manner and cannot review all the information provided for every campaign to detect any misrepresentation and/or false information that may be listed therein.
23.3. In the event a campaign is listed by any person on behalf of an NGO, the Donor shall approach only that particular NGO (for which the Donor has donated funds) to track the utilization of contributions or any other information that may be required by the Donor. The Donor hereby agrees and declares that the Donor is aware that TPO3 shall at no point in time be held answerable or accountable for any funds after such funds have been handed over to the NGO, in respect of which donations have been made.
23.4. The Donor will be sent timely updates about the progress/status of the fundraiser from the Campaigner (and/or TPO3, acting solely as a communications platform for the Campaigner) via the Services interface and/or e-mail and/or SMS. In case a User wishes to opt-out of this service, such Users must login to their TPO3 profile and disable communications for that specific campaign.
23.5. In case of intimation of donations coming in from fraudulent sources, TPO3's team holds the right to refund such transactions.
23.6. Donors further acknowledge that they are aware that the Campaigners have the sole and primary responsibility to execute and deliver the campaigns, as agreed, and that TPO3 has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any campaign pursuant to which the Donor has donated funds for any campaign via the Website.
24. FINANCIAL TRANSACTION FACILITY – CAMPAIGNER
24.1. You, as a Campaigner, shall be required to register yourself with TPO3 and provide TPO3 with all the necessary information as may be deemed appropriate by TPO3 from time to time, and as per TPO3's Privacy Policy. Further, the Campaigner is required to fulfill commitments made to the Donor in the manner detailed in the campaign, and within a reasonable time. TPO3 may seek information regarding the utilization of funds raised by the Campaigner, even after the campaign has ended, and may subsequently provide such details to the Donors without assuming any liability.
24.2. Funds raised per campaign shall be transferred to you (the Campaigner) (after deduction of any applicable costs, TPO3 Fees, payment gateway charges and applicable taxes) as per details provided by you after 15 (fifteen) days of completion of the campaign, or as per withdrawal request.
24.3. As per the above guidelines, the Campaigner expressly agrees that the next working day following the day the campaign has reached its goal successfully and is determined/comes to an end shall be deemed to be the day that the transaction between the Donor is complete. TPO3 shall settle all amounts, after deducting its fees, to the accounts of the Campaigner, in accordance with the agreement entered into with the Campaigner.
25. FINANCIAL TRANSACTION FACILITY – DONORS
25.1. You categorically authorized TPO3 and its service providers, such as, but not limited to, payment gateways, banks and marketplace settlement, or any other authorized agent, to collect, process, facilitate and remit payments and/or the donation amounts electronically or through (or any other authorized agent), to and from other Users, in respect to transactions through payment facilities available.
25.2. You understand, accept and agree that the payment facilities provided by TPO3 are neither banking nor financial services but merely serve the role of a facilitator, providing electronic, automated and/or online payment infrastructure. TPO3's payment facilities receive donations through its collection and remittance facilities, for transactions envisioned on the Website, through existing authorized banking infrastructure, credit cards, payment gateway networks, and settlement service providers. Further, by providing these payment facilities, TPO3 neither acts as a trustee nor does it assume any fiduciary responsibility with respect to the transactions, campaigns or donations.
25.3. While availing any of the payment/donation method(s) available on the Website, TPO3 will not be responsible or assume any liability whatsoever, in respect to any loss or damage arising directly or indirectly to you due to:
(a) lack of authorization for any transaction(s),
(b) exceeding the limit mutually agreed by you and between your bank,
(c) any donations issues arising out of the transaction, or
(d) the decline of the transaction for any other reason.
25.4. TPO3 reserves the right to refuse to process donations by Donors who have a history of questionable transactions. This includes, without limitation, suspected collusion between the Donor and Campaigner to bring about false impressions, mislead other Users or breach/violate any law or further any charges imposed by issuing banks, or generally a breach of any policies or laws. Where TPO3 suspects or has reasonable cause to doubt the credibility of the Donor and/or Campaigner, TPO3 shall retain the donations accumulated during the campaign and redirect/redistribute donations to other registered donor campaigns in an organized way through the Automated Algorithm Portal. TPO3 may delist the campaign, or remove the campaign from the Website entirely, or stop the provision of any or all services at any time, at our sole discretion.
25.5. TPO3 may delay notifying payment/transaction confirmations if TPO3 suspects any transaction as suspicious and shall intimate the Campaigner of the same. In addition, TPO3 may hold all funds raised and inform law enforcement in the event the Donor or Campaigner is engaged in any form of illegal activity.
25.6. The Donor acknowledges that TPO3 will not be liable for any damages, interests or claims, and so on, resulting from not processing such transactions/funds/donations or from any delay in processing transactions/funds/donations, which may be beyond TPO3's control.
26. DONOR'S ARRANGEMENTS WITH ISSUING BANKS
26.1. All valid credit/debit/cash cards and other payment instruments are processed using credit card payment gateways or appropriate payment system infrastructure. The same will also be governed by the terms and conditions agreed to between the Donor and the respective Issuing Bank and/or the payment instrument issuing company.
26.2. All Online Bank Transfers from valid bank accounts are processed using the gateway provided by the respective Issuing Bank, which supports the provided payment facility to provide the Services to the Users. All such Online Bank Transfers on the provided payment facility are also governed by the terms and conditions agreed to between the Donor and the respective Issuing Bank.
27. LICENSE FOR WEBSITE ACCESS
27.1. TPO3 grants Campaigners a limited, non-transferable, non-exclusive, non-sub-licensable, non-assignable and personal license to (a) use “Funds Raised Through TPO3,” “Powered by TPO3” or via TPO3's name and/or logo on Campaigner invoice/certificate of donation for transactions concluded on the Website, and (b) use www.tpo3.com name and/or logo on stationery used by the Campaigner for delivery of communications/receipts/certificates, and so on, provided on the Website.
27.2. This license does not include any resale or commercial use of this Website or its contents, any collection and use of any campaign listings and funds; any derivative use of this Website or its contents or any downloading or copying of account information for the benefit of another Campaigner.
27.3. This Website or any portion of this Website (including, but not limited to, any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of TPO3 and/or its affiliates, as may be applicable.
27.4. You may not use any third-party logos or proprietary graphic or trademark as part of the link, without express consent from TPO3 and/or its affiliates or the relevant third party, as may be applicable.
28. LIMITATION OF LIABILITIES
28.1. In addition to Paragraph 12 in Part A, above, you expressly understand and agree that neither TPO3 nor its affiliates/subsidiaries will be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including, but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if TPO3 has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise.
29. COMPLIANCE WITH LAWS
29.1. The Donor shall comply with all the applicable laws (including, without limitation, applicable foreign exchange and foreign contribution laws and regulations, anti-money laundering and anti-corruption laws, tax laws and requirements, import-export government policies) and adhere to other applicable compliances that may be applicable to them, respectively, for using the payment facility Services provided and the TPO3 Website.