Effective September 11, 2014
In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Campaign Owners, Contributors and other visitors to the Service are referred to collectively as “Users.”
Mission: Adoption is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Rewards“) to Contributors. Rewards are not offered for sale. Mission: Adoption makes no representations about the quality, safety, morality or legality of any Campaign, Reward or Contribution or the truth or accuracy of your User Content (as defined below) posted on the Service. Mission: Adoption does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Service at their own risk.
Eligibility to Use the Service
You must meet the legal age requirements for both your location, and that of the child (ren) you are planning to adopt in order to use the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign or the Service at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. 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 connection with your Campaign, including offering Perks and using Contributions.
Campaign Owners are not permitted to offer or provide any of the following as a Reward:
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any form of air transportation;
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or
- any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
Mission: Adoption is a Christian-owned website. Mission: Adoption is not a place for hatred, abuse, discrimination, disrespect, profanity, harassment, or spam. Do not:
- post video or photographs of pre-adoptive children without express written consent of your adoption agency
- give specific locations of pre-adoptive children without express written consent of your adoption agency
- spam the comments sections or other Users with offers of goods and services or inappropriate messages; or
- engage in any activity that interferes with or disrupts the proper working of the Service or any activities conducted on the Service
We reserve the right to remove Campaigns and terminate User accounts for such activities.
Disputes between Campaign Owners and Contributors
Campaign Owners are legally bound to fulfill any Rewards. Mission: Adoption is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Reward, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
Your Account Information
All of your registration information must be accurate and truthful. You agree to notify Mission: Adoption immediately if you discover that your User account has been used without your authorization or there has been any other breach of your User account’s security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
Our License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.
As a Campaign Owner, you are permitted to offer Rewards to Contributors. You shall meet all commitments you make in your Campaign including, but not limited to, delivering all Rewards you offered with your Campaign. You will respond promptly and truthfully to all questions posed to you by Mission: Adoption or any Contributor. If you are unable to fulfill any of your commitments to Contributors (including delivering any Rewards), you will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. You will comply with all applicable laws and regulations in your use of Contributions and delivery of Rewards. You are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Rewards. Mission: Adoption may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
As a Contributor, you are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Mission: Adoption doesn’t guarantee that Contributions will be used as promised, that Campaign Owners will deliver Rewards, or that the Campaign will achieve its goals. Mission: Adoption does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Reward or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution and receipt of any Rewards for tax purposes. In the event you are issued a refund on your Contribution because of our inability to disburse funds to a Campaign Owner, you will no longer be entitled to delivery of any Reward associated with your Contribution.
Fees and Payments
Setting up an account on the Service is free. We do not charge fees to Contributors, but we do charge fees to Campaign Owners as a portion of the funds they raise. By using the Service you agree to our fees listed here http://mission-adoption.com/pricing-and-fees/ . Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Contributions are made via credit card. We are not responsible for the performance of any third party credit card processing services.
Contributions, along with our fees and charges, are not refundable.
Your taxing authorities may classify funds you raise on Mission: Adoption as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We will 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. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.
Your User Content
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content“). You grant Mission: Adoption 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 on or in connection with the Service and our related marketing and promotional activities. As between you and Mission: Adoption, you continue to hold all ownership interest in your User Content. 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.
Third-Party Websites, Advertisers or Services
Credit Card Terms
If your Campaign is based in the United States and raises over $100,000 in U.S. dollars through credit card transactions, you are a “Sub-merchant” under our Merchant Services Agreement with Vantiv LLC, and you hereby agree to the terms of Vantiv’s Merchant Services Agreement for Sub-merchants.
You agree to defend, indemnify and hold harmless Mission: Adoption, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Service, breach of these Terms or violation of any law. Mission: Adoption may assume the exclusive defense and control of any matter for which you have agreed to indemnify Mission: Adoption and you agree to assist and cooperate with Mission: Adoption in the defense or settlement of any such matters.
Mission: Adoption has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
Waiver and Release
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.
Limitation of Liability
MISSION: ADOPTION (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO INDIEGOGO FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INDIEGOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mission: Adoption without restriction or consent.
You agree that: (i) the Service shall be deemed solely based in Massachusetts (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Mission: Adoption, either specific or general, in jurisdictions other than Massachusetts. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.
You and Mission: Adoption each agree that any and all disputes or claims that have arisen or may arise between you and Mission: Adoption relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Mission: Adoption PO Box 651 South Barre, MA 01074. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the City and County of San Francisco, California. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.
Campaign Owners should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Campaign Owners to connect with Contributors. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
Cooperation with Authorities and Police Enforcement
Mission: Adoption will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree Mission: Adoption may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between you and Mission: Adoption regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Mission: Adoption’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Mission: Adoption may alter these Terms at any time, so please review them frequently. If a material change is made, Mission: Adoption may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at Mission: Adoption’s sole discretion, in good faith, and using common sense and reasonable judgment.
DMCA Notice and Complaint of Intellectual Property Infringement other than Copyright
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (“DMCA“) or that any User Content infringes your intellectual property rights and is accessible via the Service or in connection with our promotion of the Service, please notify Indiegogo’s Legal Department at email@example.com. “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For your complaint to be valid, you must provide the following information in writing (“Notice of Infringement“):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complainant“).
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Indiegogo to locate the material.
- Information reasonably sufficient to permit Indiegogo to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to our DMCA Agent (“Designated Agent“) by mail and email to the following addresses:
Indiegogo, Inc. Attention: Legal Department 965 Mission Street, 6th Floor San Francisco, CA 94103-2921 Telephone & Fax: 866-641-4646 Email: firstname.lastname@example.org
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information (“Counter-Notice“) within 5 business days from your receipt of the Notice of Infringement:
- a physical or electronic signature of the owner or authorized user of material;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person.
Upon receipt of the Counter-Notice by the Designated Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Mission: Adoption, at its discretion, may replace the removed material or cease disabling it in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless the Designated Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your unauthorized use of the material on the Service.
If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the Complainant are encouraged to work to an amicable resolution.
In accordance with the DMCA and other applicable laws, Mission: Adoption has adopted a policy of terminating, in appropriate circumstances and at Mission: Adoption’s sole discretion, repeat infringers.
No Legal Advice
Nothing contained in the Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.