Terms of Service

Last Updated: Jun 10, 2020

These Terms of Service and all other documents or policies referenced here (collectively, the "Terms") set forth the legal contract between each end user ("User" or "you" or "your") and CustomInk, LLC (collectively, with its affiliates, "Custom Ink", "we", or "us") with respect to access to and use of Custom Ink's Site and Services.

PLEASE CAREFULLY READ THESE TERMS (INCLUDING LINKED INFORMATION, LIKE OUR PRIVACY POLICY). BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE AT LEAST 18 YEARS OLD OR ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS (INCLUDING ANY POLICIES OF YOUR COMPANY) APPLICABLE TO YOU, TO THE USE OF THE SERVICES, THE SITE, AND/OR THE INTERNET.

I. WHAT WE DO

Our Services are provided through the Site, which is an interactive online. through which Organizers can run campaigns to seek to generate funds. You agree and understand that certain Services are only available to Registered Users upon the creation of an Account. Users use the Services at their own risk. Funds raised by Organizers may be used by the Organizers for the Organizer, to support a social cause, to support a charitable organization or for another purpose as specified by the Organizer. The Organizer will designate the purpose.

We do not and cannot control what an Organizer does with any money the Organizer receives. However, we do have a process to send funds raised directly to a third party designated by the Organizer. Accordingly, all Organizers, Customers, and Contributors acknowledge and agree that:

• We are not the Organizer.
• We do not select the person, cause or organization an Organizer says funds raised from an Organizer’s Campaign will benefit.
• Our responsibilities are limited to providing access to the Services to facilitate Organizers on the one hand, and Customers and/or Contributors on the other hand, coming together and transacting directly with each other. All other activity and transactions are solely between Organizers on the one hand, and Customers and/or Contributors on the other hand, and we have no responsibility or liability for any such activity or transactions other than to send raised funds directly to a third party designated by the Organizer when the Organizer has given us instructions to do so.
• We cannot and do not control the content, accuracy, or truthfulness of any offers, requests, or other information Organizers may furnish in connection with using the Services.
• We do not endorse any Organizer or any cause, organization or purpose an Organizer says the Organizer will support.

II. DEFINITIONS

"Beneficiary" means the individual, entity or Charity to whom the funds raised on a specific Campaign are distributed, at the direction of the Organizer.

"Campaign" means a fundraising effort designed to raise money within a defined time period. Campaigns on the Site may be Merchandising Campaigns or Donation Campaigns.

"Charity" means any U.S.-based charitable organization holding tax exempt status under Section 501(c)(3) of the Internal Revenue Code.

"Contributors" are individuals or organizations that contribute or donate funds in Donation Campaigns.

"Customers" are individuals or organizations that purchase merchandise in Merchandising Campaigns.

"Content" means and includes, without limitation, information (personal or otherwise), photos, images, text, comments, writings, notes, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. Content may be owned or controlled by Custom Ink ("Custom Ink Content") and/or owned, submitted, uploaded, posted, displayed, or otherwise made available by you as a Registered User (“User Content”).

"Design Lab" means Custom Ink’s Tool available to Users for the strategic design of Merchandise, and which includes Custom Ink’s databases and repositories of artwork, fonts and designs (part of Custom Ink Content).

"Feedback" means any information you provide to us about the Site or Services, as a comment or evaluation.

"Merchandise" means the custom apparel set forth or designed by Organizers to be used in Campaigns, and which may include without limitation t-shirts, hats, clothing, garments, attire, gear, garb, sweats, athletic wear, drinkware, koozies, business wear, outerwear, bags, office supplies and the like.

"Extras" means additional side benefits or gifts that an Organizer can offer as an incentive to Contributors as part of the Campaign, including tangible items or intangible services.

"Organizer" means an individual or entity that organizes a Campaign on the Site.

"Services" means any and all services, tools, software, mobile applications and functionalities as may be provided by Custom Ink from time to time, including access and use of the proprietary fundraising platform.

"Site" means, collectively, Custom Ink’s internet properties including, without limitation, www.customink.com/fundraising, other websites, microsites, mobile applications, Custom Ink profiles on social media sites and any other digital properties operated or used by Custom Ink from time to time.

"User" means "you", the user of the Site, whether you are an unregistered "Visitor" or a "Registered User." As a Registered User you can act as an "Organizer" or as a "Customer" or "Contributor".

III. CUSTOM INK SERVICES AND TOOLS

A. Access to Services and Tools

For so long as you agree to these Terms and abide by them, you may use the Site and Services. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install, operate or use as applicable any Content, software, scripts, or tools that we may, from time to time, specifically identify within the Site as available for download and/or use (“Tools”). The Tools may have additional terms that we will provide to you when you use those Tools.

B. Privacy

In the course or accessing and/or using the Site, the Services and/or the Tools, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site and/or the Tools, and/or if you register for any programs or accounts, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site, the Services and the Tools.

C. Users

1. Visitors. As a “Visitor”, you can view, visit and browse through the Site in accordance with these Terms. You need not register with Custom Ink to simply visit and view the Site or to browse and see the partial, publicly accessible information in the Site.
   
   However, in order to access the Services and materials offered on and through the Site, you must register with Custom Ink for an account and receive a password, and become a “Registered User.”
2. In order to use the Services available to a Registered User, You are required to set up an “Account” either directly with Custom Ink and/or through a third-party single sign-on services (e.g. Facebook Connect). When You set up an Account, You are required to enter a valid email address, a username and password to access the Services (your username, password or Account information collectively "Your Account"). You may not transfer to or share Your Account with other persons or entities, and you are solely responsible for maintaining the confidentiality of Your Account. You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it. Please notify us immediately if you become aware that Your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. Individuals and/or entities whom access to the Site or use of the Services have previously been terminated by Custom Ink may not register for a new account, nor may designate other individuals to use an account on its or your behalf.
   
   You warrant and represent that all information you provide to us as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Site or Services (or any portion thereof) and any license(s) to the Tools.
   
   As a Registered User you can act as an Organizer, or as a Customer or Contributor, depending on which feature of the Services you are currently using.
3. Eligibility and Children. You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. If you are under 13 years of age, then please do not use the Site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

D. The Campaigns

1. Merchandising Campaigns. You can organize Campaigns through the creation, design and selling of custom apparel ("Merchandise") with no upfront costs. Using the Site Tools, you can create your personalized Campaign page, upload your own Content, design your Merchandise either with your original artwork or by using Custom Ink’s Design Lab, set up the selling price of your Merchandise, the close date of the Campaign, your fundraising goal and a description of what your Campaign is all about. After setting up your Merchandising Campaign, you can use the Tools to promote your Campaign to your family, community, and social circle, including through your social media pages and accounts, with the purpose of selling the Merchandise to raise your fundraising goal. After the Campaign closes, Custom Ink will fulfill the Merchandise orders, by printing the Merchandise and taking care of delivery (either in bulk or individually, as requested). Custom Ink will then account the funds raised (after payment of Merchandise costs and delivery) and deliver such funds to your chosen Beneficiary.
2. Donation Campaigns. You can organize Donation Campaigns through the direct solicitation of funds by using the Tools to create a personalized Campaign page, uploading your own Content, setting up the close date of the Campaign, your fundraising goal and a description of what your Campaign is all about. You can then promote your Donation Campaign through our social media and promotional Tools. After the Campaign closes, Custom Ink will deliver the funds raised to the Beneficiary of your choice, subject to these Terms of Service.
3. Extras. An Organizer can offer Extras as an incentive to Customers or Contributors, to induce their participation in the Organizer’s Campaign. Extras are not to be offered for sale. Organizers cannot offer or provide any of the following as an Extra: (i) any form of ownership interest in a company or venture; (ii) alcohol or any other controlled substance; (iii) drug paraphernalia; (iv) weapons, ammunition, and related accessories; (v) items promoting hate, personal injury, death, damage, or destruction to property; or any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person's rights if you were to distribute it.
4. Organizers. As an Organizer, you may set up the fundraising Campaign of your choice (subject to any restrictions set forth herein), upload your Content, data and materials (in text, images and/or graphic format, up to any storage limitations that we may set from time to time), link your profile from other social media sites like Facebook and Twitter, choose your Beneficiaries, the distribution of the funds at the end of the Campaign, leave Feedback, etc. You are also permitted to offer Extras to Customers or Contributors. You hereby warrant that you shall meet all commitments you make in your Campaign including, but not limited to, delivering all Extras you offered with your Campaign and delivering the funds to your chosen Beneficiary. You will respond promptly and truthfully to all questions posed to you by Custom Ink. If you are unable to fulfill any of your commitments (including delivering any Extras), you will work with the Customers or Contributors, as applicable, to reach a mutually satisfactory resolution, which may include refunding any money received for purchases and/or donations, as applicable. You will comply with all applicable laws and regulations in your collection and use of moneys you derive and the delivery of Extras. You are responsible for collecting and remitting any taxes on moneys you generate or receive via your Campaign(s), and any taxes due in connection with your Extras. Custom Ink may attempt to verify your identity and other information you provide to us, and we may delay, withhold, reverse or refund any moneys generated via the Services or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
5. Customers and Contributors. As a Customer or Contributor you may make purchases or donate money via the Campaign of your choice, and you may be able to link your social media profile, upload Content and give Feedback. As a Customer or Contributor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a purchase or a donation. All purchases and/or donations are made voluntarily and at your sole discretion and risk. Custom Ink doesn't guarantee that money generated via any Campaign will be used as promised, that Organizers will deliver Extras, or that the Campaign will achieve its goals. Custom Ink does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign or Extra, or the truth or accuracy of content posted on the Site by others. You are solely responsible for determining how to treat your purchase or donation, as well as the receipt of any Extras, for tax purposes. In the event you are issued a refund in connection with any Campaign because of our inability to disburse funds to the Organizer or the Organizer’s designated beneficiary, you will no longer be entitled to delivery of any Extra associated with that Campaign.
   
   Custom Ink makes no representations about the quality, safety, morality or legality of any Campaign, Merchandise, Extra or transaction, or the truth or accuracy of Content posted on the Site by others. Custom Ink does not represent that Organizers will deliver Extras or that moneys generated via any Campaign will be used as described in the Campaign. Users use the Site at their own risk.
6. Prohibited Campaigns. Organizers are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your Campaign is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Campaign, offering Merchandise, Extras and using money generated via a Campaign. By violating these Terms in any capacity, you are subject to an immediate removal of your Campaign(s), possible forfeit of raised funds, and potential suspension or termination of your account.

E. Behavior on the Site and Unauthorized Activities.

When using this Site and/or the Services, you agree not to:

• Defame, abuse, harass, stalk, disrespect, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language or use the Site to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials or other intellectual property or proprietary right of others without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site or to obtain information from the Site.
• Violate any law, civil or criminal.
• Violate our policies.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site or act in a way that may undermine any Feedback, comments or ratings systems that we establish as part of the Services.
• Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not complete or exclusive. Custom Ink reserves the right in its sole discretion to (a) terminate access to Your Account, your ability to post or to use to this Site; and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Custom Ink determines is inappropriate or disruptive to this Site or to any other user of this Site.

Custom Ink may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Custom Ink’s discretion, Custom Ink will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Content (Custom Ink’s or Third-Party’s) contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Custom Ink and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Custom Ink or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or your User Content) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.

We reserve the right, in our sole discretion, to remove Campaigns and terminate accounts for such activities or for any other reason.v

IV. INTELLECTUAL PROPERTY RIGHTS

A. Ownership of the Site

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, Services, Custom Ink Content, and all Tools, and all their related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Custom Ink or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary Tools, methods and systems used to provide the Site or Services ("Our Technology") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in this Agreement grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to this Agreement of Use. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its "look and feel", constitute trademarks, tradenames, service marks, trade dress or logos ("Marks") of us or other entities. All Marks not owned by Custom Ink that appear on this site are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

B. Restrictions

Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to copy, replicate, transcribe or reproduce the ‘look and feel’ of the Site, including its features and functionalities. You may not resell or sublicense access to the Services to any third-party.

You may provide links to the Site, provided that You (A) do not remove or obscure, by framing or otherwise, proprietary notices or other notices on the Site, and (B) discontinue providing links to the Site immediately upon our request.

C. License to Your Content

While using the Site, you may post and use photos, videos, text, graphics, logos, artwork, designs and other audio or visual materials (collectively, "User Content"). You grant Custom Ink a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content (i) on and solely in connection with the Site for the sole purpose of providing you with the Services; and (ii) for the limited purpose of certain of our related marketing and promotional activities. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

D. Use of Third-Party Offerings

You may be able to access websites, content or services provided by third-parties through links that are made available on the Site, including but not limited to voluntarily sharing some of your information from the Site in social media sites, ‘liking’ our Site in social media outlets, or creating Your Account with us through third party websites (including without limitation Facebook Connect and Twitter). Additionally, from time to time Custom Ink may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such other websites, content, services and products as "Third-Party websites." Unless we otherwise inform you on the Site, your use of any such Third-Party websites is not required in order to access and/or use the Services or the Tools. Access to or use of Third-Party websites or services are at your own risk. We are not responsible for any loss or damage of any sort relating to your dealings with these parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

V. PAYMENTS AND FEES

A. Fees

Setting up an account on the Site is free. We do subtract our costs and charge service fees as a portion of: (i) the total sales made in a Merchandising Campaign and (ii) the total money donated in a Donation Campaign. By using the Site you agree to our costs and fees as follows: costs include Merchandise production costs (associated with a Merchandising Campaign) and service fees for all Campaigns. See also our FAQ regarding funds raised here. Changes to fees are effective after we post notice of the changes on the Site. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes applicable to you associated with your use of the Site. You agree that we may use the services of GiveForward.com for processing payments to Beneficiaries in Donation Campaigns, and that GiveForward’s terms of service may apply in such Donation Campaigns, along with the processing fee charged by GiveForward.com. In all cases, standard credit card or other third-party processing fees apply in addition to any fees charged by Custom Ink or GiveForward.com. We are not responsible for the performance of any third party credit card processing or third party payment services.

B. Merchandising Campaigns - Campaign Tipping Point

Merchandising Campaigns are typically subject to a "Campaign Tipping Point" - the point at which a certain number of shirts (for example, 20 shirts in the case of most shirts) or other customized merchandise has been sold, such that the campaign “tips” and will proceed. In the event a Merchandising Campaign does not "tip" and merchandise is not produced, all moneys collected from a purchaser for customized merchandise will be refunded.

C. No Tax Advice

• It is the responsibility of each Organizer and/or the Organizer’s designated beneficiary, to determine what, if any, taxes apply to amounts delivered by us as a result of use of the Services, and to report and remit the correct tax to the appropriate tax authority. Your taxing authorities may classify funds you raise on Custom Ink as taxable income to you and any Beneficiary who will receive funds directly from your Campaign. We may ask you for your tax identification number (TIN) and the TIN of any Beneficiary of your Campaign so that we may report taxable income to the relevant taxing authorities if required by the relevant taxing authorities.
• You hereby agree that we are not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any amounts forwarded by us to you, or to any third party you designated, in connection with any Donation Campaign or Merchandising Campaign.
• It is the obligation of each Organizer and each Beneficiary designated by an Organizer to maintain any and all records that may be required for tax purposes. We are not responsible for, and may delete, information associated with your account that is more than three years old.
• We do not and cannot give any tax advice. You agree to consult your own tax advisor and to take all steps necessary to comply with your own tax obligations as an Organizer, Customer or Contributor using the Services.

D. Returns and Refunds

Custom Ink works hard to ensure that all our Merchandise is printed to high-quality materials and shipped on time and accurately. Custom Ink accepts returns and will issue refunds within thirty (30) days of the end of a Merchandising Campaign if the final product delivered is materially different than the design presented in the Campaign. If you are in any way unsatisfied with your purchase, please contact us.

Contributions to Donation Campaigns, along with our fees and charges, are not refundable.

Purchases of customized merchandise, made in connection with a Merchandising Campaign, will be refunded in the event the Merchandising Campaign does not "tip" and the customized merchandise is not produced.

VI. TERMINATION

These Terms will become effective and binding when you use the Site, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “Submit”). You do not need to inform us if you wish to stop using the Site or Services. We reserve the right to terminate these Terms and your access to the Site and the Services at any time without notice and/or to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the Services, we retain the license rights granted to us upon any User Content uploaded or provided on our Site.

Custom Ink reserves the right to decide whether User Content violates these Terms for reasons other than copyright infringement. Custom Ink may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's Account for submitting such material in violation of these Terms.

The provisions of sections IV, V, VI and VII will survive the termination of these Terms.

VII. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY, CHARITY ISSUES

A. No Warranties

THE SERVICES, THE SITE, THE TOOLS AND ALL INFORMATION, CAMPAIGNS, CONTENT AND MATERIALS RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CUSTOM INK AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CUSTOM INK AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE CUSTOM INK SERVICES AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. CUSTOM INK IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. CUSTOM INK DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.

Though we strive to enforce our Content related rules with all of our users, including Registered Users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. We may, but are not obligated to, terminate user Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate these Terms. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by Users represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our beliefs.

B. Limitation Of Liability

USE OF THE CUSTOM INK SERVICES, THE SITE, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL CUSTOM INK OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF CUSTOM INK WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CUSTOM INK TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED FIFTY U.S.A. DOLLARS (USD $50.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND CUSTOM INK RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND CUSTOM INK WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.

C. Charity Issues

• As an Organizer, you are independently responsible for complying with all applicable laws in all of your actions related to your use of the Services, regardless of the purpose of the use, including any laws relating to raising funds for charity.
• We do not engage in any solicitation or sales activities. Any such activities are carried out solely by the Organizers who run Campaigns on their own initiative.
• If any state regulatory agency overseeing charitable solicitation activity has concerns, they will be addressed to the Organizer. We will of course cooperate in any investigation by any regulatory agency with concerns that a law is being violated by our Users.
• If any Organizer wishes to designate a charitable organization to benefit from a Campaign, the Organizer must provide us with the U.S. tax ID number for the charity. Only U.S. based charities hold tax exempt status under Section 501(c)(3) of the Internal Revenue Code are eligible to be designated as charity beneficiaries.

D. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Custom Ink, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site and/or Service.

VIII. MISCELLANEOUS MATTERS

A. Copyright Infringement

If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of the Site, please provide written notice to the following agent for notice of claims of infringement:

Brendan Taylor
CustomInk, LLC
2910 District Ave
Suite 300
Fairfax, VA 22031
CustomInk, LLC
Email: fundraising@customink.com

In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

You acknowledge that if you fail to comply with all of the requirements of this Section VII(A), your Copyright Infringement notice may not be reviewed.

If you believe that your 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 post and use the material in your Content, you may send a counter-notice to fundraising.help@customink.com. We reserve the right, at our sole discretion, to repost or not to repost Content.

B. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Custom Ink without restriction.

C. Abuse

Please contact us to report any problems, offensive content, policy violations and/or abuse.

D. Modifications to Terms

We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site and/or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

E. Modifications to Services

We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

F. Legal Disputes

These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Virginia, United States of America excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against Custom Ink must be resolved exclusively by a state or federal court located in Northern Virginia, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in the Commonwealth of Virginia for the purpose of litigating all such claims or disputes.

1. Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that Custom Ink may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Custom Ink elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution ("ADR") provider chosen by Custom Ink. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
2. Disputes between Users. You agree and understand that Custom Ink is not responsible for resolving disputes between Users. In the event of any dispute, such as an Organizer's alleged failure to comply with these Terms or alleged failure in fulfillment of an Extra, or failure of an Organizer to use funds for the purposed advertised by the Organizer, we may provide the Organizer's contact information to the relevant Customers or Contributors so that the parties may resolve their dispute.

G. General Agreement

If you are located outside the United States of America and choose to provide information, upload Content to or register an Account with Custom Ink, you acknowledge and agree that the information is processed and transferred in the United States of America. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. By using this Site you acknowledge and accept that your information may be used in and be subject to the privacy laws of the United States of America.

You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries and certain Specially Designated Nationals ("SDN") listed by OFAC as updated from time to time) and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.

These Terms, together with the Privacy Policy and any other legal notices and additional terms published by Custom Ink on the Site, shall constitute the entire agreement between you and Custom Ink concerning the Site and Services. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Custom Ink' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, the Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.