J-KICK® Terms and Conditions
October 11, 2013
Welcome to the J-Kick® website operated by the Jewish Federation of Greater Seattle (“JFGS”). Please read these terms and conditions, which constitute an agreement between you and JFGS in connection with the J-Kick® website (“Website”). By accessing or using the Website, services and content found on or through the Website or in connection with the services provided by our Website (collectively, “Service”), you agree you have read, understood, and agree to be bound by these Terms and Conditions (“Agreement”).
What is J-Kick®?
J-Kick® is the crowdfunding platform for Washington State’s Jewish community where you can post exciting and innovative new projects for donors to fund. JFGS is operating J-Kick® as a service to the community. Start-up funding for J-Kick® was graciously provided by Susan & Jeffrey Brotman.
Who can use J-Kick®?
J-Kick® is open to 501(c)(3) organizations in Washington State or individuals or organizations who have a 501(c)(3) organization as their fiscal sponsor (collectively, the “Sponsor”). The organization does not have to be a Jewish organization but it cannot have a mission that conflicts with the mission of JFGS. You must be at least eighteen (18) years of age to register a project on J-Kick® as a Sponsor.
Current Project Guidelines
Projects must serve the Jewish community in Washington State and have a fundraising goal ranging from $1,800 to $18,000. Projects shall not be in conflict with or otherwise deemed detrimental to the mission of JFGS, as determined in JFGS’s sole discretion. Projects cannot be in consideration for any other JFGS grant at the same time that they are listed on J-Kick®. Subject to the terms of this Agreement, your project will receive funds if it reaches “tipping point:” two-thirds of your fund-raising goal. For a project that reaches tipping point, donors’ credit cards will be charged and funds will be sent directly to your organization within ten business days of the project’s close. If your project does not reach tipping point, it will not receive any funds and your credit card will not be charged. You will have a choice of three listing periods: 30, 45, or 60 days.
JFGS may change these project guidelines at any time without notice.
General Terms and Conditions
Conduct on the Website. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any other party to, take any action, or display content that:
Registration on the Website. When you (a “Donor”) donate to any J-Kick® project, you will be asked for your name, phone number, email and postal address. By making a donation, you consent to JFGS and the project Sponsor using the information to send you any notices required by law, in lieu of communication by postal mail, along with other messages, special offers and marketing, and promotional materials about JFGS and project Sponsor. JFGS makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or any link from the Website. You must be at least eighteen (18) years of age to be a Donor.
Project Funding Relationship. By posting a project on J-Kick®, you as the Sponsor are offering Donors the opportunity to enter into a contract with you. By backing a project, you as Donor accept that offer and a contract is formed between Donor and Sponsor. JFGS is not a party to that agreement between the Donor and Sponsor. JFGS does not endorse any Project submission or oversee the performance or timeliness of any project. All dealings are solely between Sponsors and the users of the Website and JFGS shall have no responsibility to satisfy any Donor donations made on the site, nor any obligation to provide reward items offered by any Sponsor. A Donor’s sole and exclusive remedy and or damages for any claims related to a project or its funding is against the Sponsor.
Payment Terms. Donors agree to provide their payment information at the time they pledge to a project. The payment will be collected only if the “tipping point” for the project is reached. The amount a Donor pledges is the amount the Donor will be charged. JFGS has no responsibility for any losses or damages caused by unauthorized use of a Donor’s payment information. Donors consent to JFGS and any party handling payment for JFGS authorizing or reserving a charge on their payment card or other payment method for any amount up to the full donation at any time between the donation and collection of the funds. Donors agree to have sufficient funds or credit available at the project deadline to ensure that the donation will be collectible. You consent by donating to any project to the publication of your name and the amount of your donation unless you opt to keep your name anonymous by checking that option on the donation page.
Project Rewards (Perks). JFGS shall have no responsibility to deliver and does not guaranty the delivery of any project rewards/perks offered by a Sponsor. Unless otherwise stated as part of the project offering on the Website, Sponsors are required to fulfill all rewards/perks of their successful fundraising campaigns or refund any donation made by a Donor who does not receive the promised reward/perk. Any estimated delivery date listed on a reward/perk is not a promise to fulfill by that date, but is merely an estimate of when the Sponsor hopes to deliver. JFGS does not offer refunds. A Sponsor is not required to refund any donation except as provided herein. JFGS is not obligated to become involved in any dispute with regard to rewards/perks.
Sponsor Payment Terms. JFGS does not guarantee a Sponsor’s receipt of donations due to payment failures from Donors. JFGS may withhold from donations fees that are imposed from time to time for Sponsor use of the Website, and payment processing charges. Fees may vary due to type of payment, type of Project and other factors. JFGS reserves the right to cancel, reverse or refund any donation at any time. JFGS reserves the right to reject, remove or suspend any project at any time for any reason, JFGS is not liable for any damages as a result of such actions. Sponsors should not act in reliance on receipt of funds until they receive such funds. There may be a delay in access to funds from time to time for reasons beyond JFGS’s control.
Funds pledged by Donors are collected by WePay. JFGS is not responsible for the performance of WePay.
Tax Deductibility; Taxes. JFGS does not warrant, nor does it take responsibility to report, any donation made as a tax-deductible donation by the Donor. All such reporting shall be the responsibility of the Sponsor. All determination of tax-deductibility shall be the responsibility of the Donor. Donors acknowledge that rewards/perks provided may impact the amount of any charitable donations. Sponsors shall be responsible for all tax receipts, tax payments and reporting of amounts collected for any project.
Other Websites. The Website, including submissions by Sponsors, may include links to other websites. You access those websites at your own risk. You acknowledge that JFGS is not responsible for the content or accuracy of those websites, does not endorse those websites and is not liable for any damage to you as a result of use of those websites and any services, goods or contents available through such websites.
Sponsor Content. JFGS is not responsible for any errors or omission in Sponsor supplied content. Sponsor is responsible for reviewing and correcting any content related to its project posted by JFGS. JFGS does not have ownership rights to any content you post on the Website or which you link to through the Website. For purposes of promoting your projects, the Website, and JFGS, you hereby grant JFGS a non-exclusive, perpetual, irrevocable, royalty-free, right to (and to allow others acting on its behalf to) (i) use, modify, prepare derivative works of, reproduce, display, and fully exploit (but not sell) such content and your trademarks, service marks, and logos in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; and (iii) allow Donors and visitors to the Website to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and marks in connection with the Service. Sponsors hereby agree that submissions to the Website do not contain materials subject to third party intellectual property rights unless legally authorized to post such content and provide the license described above. Sponsor agrees to indemnify, defend and hold harmless JFGS from any claim of infringement made by a third party in connection with such content.
Waiver and Release; Indemnity. You release JFGS, its directors, officers, employees, agents, successors and assigns (the “JFGS Parties”) from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Service whether you are a Donor or a Sponsor. You (whether a Sponsor or a Donor) agree to defend, indemnify and hold harmless the JFGS Parties from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees and costs) arising from or relating to your use of the Website and Service and including, without limitation, your negligent or intentional acts, breach of any of the representations, warranties or promises herein, or violation of any law.
Warranty Disclaimer. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. JFGS and the other JFGS Parties do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; (d) the results of using the Service will meet your requirements; (e) the JFGS or Sponsor content is accurate, reliable or correct; or (f) the Service will meet your requirements or result in any benefit, funding or revenue. JFGS is not responsible in any way for offers made by third parties through the Website. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download. Your use of the Service is solely at your own risk.
Limitation of Liability. In no event shall JFGS nor the other JFGS Parties, or JFGS’s suppliers or contractors, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) the defamatory, offensive or illegal conduct of any Donor, Sponsor or other third party, or (iv) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
Notices. Notices hereunder may be provided by email or by written notice delivered by mail or nationally recognized overnight courier sent for next day delivery. Conspicuous notices posted on the Website or in changes to this Agreement shall be deemed notice in connection to terms generally applicable to users of the Website.
Governing Law; Venue. The terms of this Agreement and all rights hereunder, shall be governed by the laws of the state of Washington, without regard to conflict of laws principles and without the application of the Uniform Computer Information Transaction Act or the United Nations Convention of Contracts for the International Sale of Goods. You agree that Website and Services are deemed a passive website in the state of Washington that does not give rise to personal jurisdiction other than in the state of Washington. The venue of any action hereunder shall only be in the state and federal courts located in King County, Washington. You hereby irrevocably waive any right you may have to trial by jury in any action.
Changes to Service. JFGS reserves the right to cancel, change, suspend, interrupt or discontinue the Service or any project (including, but not limited to, the availability of any feature or, content) at any time for any reason. JFGS may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Changes to this Agreement. We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. JFGS may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
Entire Agreement. This Agreement, together with any other notices or terms that JFGS may publish in connection with the Service, and forms or submissions required of Sponsors or Donors on the Website, shall constitute the entire agreement between you and JFGS. Such agreement may only be modified by written agreement signed by both parties or by change in the terms herein as provided in this Agreement.
Severability; Waiver. If any provision of this Agreement is found to be invalid or unenforceable the provision shall be limited to the minimum extent required and the remainder of this Agreement shall stay in full force and effect. The failure of JFGS to exercise all of it rights under this Agreement shall not be deemed a waiver of any rights it may have and exercises hereunder in the future.