Terms of Service
ACCEPTANCE OF TERMS:
- SilentAction (hereafter referred to as the "Company" or "us" or "we"), provides its services (the "Service"), to you subject to the following Terms of Service (the "Terms"), which may be updated by us from time to time without notice to you. Please check these Terms periodically for changes.
- In addition, when using the Service, you shall be subject to any guidelines or rules (the "Guidelines") applicable that may be posted online from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
- You will not hold the Company responsible for others' content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of organizations promoted, the truth or accuracy of content, listings, or ability to perform the stated objective.
DESCRIPTION OF THE SERVICE:
The Service is a simple, easy-to-use fundraising website. People use SilentAction for using the services provided by them. SilentAction provides to its users the following services:
- Online fundraising
- Silent auction capabilities
- Lite-Line (Life-Time-Achievement) profile.
- "Campaign" is a fundraising project created using our Service, either to collect Money for personal reasons or on behalf of an Organization.
- "Sub-campaign" is a campaign for a cause contributor strongly believes in and wants to support but all the funds raised in the sub-campaign shall go to the parent campaign.
- "Campaign Owner" is the individual that created the Campaign. Campaign Owners have access to features and tools for their Campaign including but not limited to tracking Contributions made to their Campaign, and editing details of their Campaign. Campaign Owners may grant access to the features and tools of the Campaign to Users and the Users are subject to these Terms as agreed to by the Campaign Owner. If a Campaign Owner chooses to transfer or share ownership of their Campaign with another User, that User becomes a Campaign Owner and they will assume the aforementioned access and responsibilities.
- "Contributor" is any individual or organization that contributes money to a Campaign.
- "Contribution" is any financial transaction that benefits the Campaign. Contribution can also be in the form of goods or/and services as donation to help in a cause contributor believes in.
- "Organization" may be a non-profit, school, political, business, or other social entity that has a collective goal.
- "User" (referred to as "you" or "your" in this agreement) is any individual who has accepted the Terms by logging in to the Service through a Login Service or by contributing to a Campaign.
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. 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 at any time for any reason without liability.
- In order to register on the company's website, you shall go on to the sign up section mentioned on the homepage and create your account. You shall have to provide your first name, last name, email id and password to register with us.
- To register your campaign on the website, you shall fill down where the fund raiser is and where the funds will be sent. Once you fill in this information your campaign shall start running in minutes.
- You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at email@example.com and ensure that you log out from your account at the end of each session.
CAMPAIGN AND SUB-CAMPAIGN:
When a campaign owner creates a campaign and receives donations either in the form of money or goods or services in order to donate for silent auctioning or for fundraising using sub-campaigning efforts then all the donations made fall within the jurisdiction of the campaign owner and thus all the funds shall go to the campaign owner. By backing a fundraising campaign, you as the contributor accept that offer and the contract between Contributor and Campaign Owner is formed. We shall not be a party to that agreement between the Contributor and Campaign Owner. All dealings are solely between Users. It shall be the responsibility of the campaign owner to use the excess funds raised in the campaign which cannot be used for the same cause, if any, in the best interest of raising funds in future.
- There is no cost to sign up for SilentAction, to register a cause on SilentAction, or to start your Lite-Line (Life Time Achievement Profile).
- There is a 2.9% + 30¢ transaction fee when a donation is made as well as a 5% platform fee.
- A platform fee is charged because there are IT and staff expenses for using an online fundraising platform. People who have used SilentAction have often felt that the efficiencies and effectiveness of SilentAction far outperformed the platform fee.
Platform fees cover the cost for the following expenses:
- Platform servers
- Development of leading edge features and enhancement
- Accounting and customer service staff.
- To help prevent abuse or misuse of SilentAction, funds are dispersed in check form. When a campaign is ready to withdraw funds, a check is issued typically within a business day. While normal postal time could take up to 3 to 5 days to deliver your check.
- Contributors must request any and all refunds directly from the Campaign Owner.
- Campaign Owners accept the responsibility to provide refunds to Contributors at their own discretion. The Company shall NOT be held liable for refunds or lack thereof.
- For Campaign Owners to receive a reimbursement of the Service fee, the Campaign Owner MUST process the refund to the Contributor within seven (7) days from the date of receiving the Contribution that is being refunded, then contact the Company to request a fee reversal.
FURTHER SERVICE UNDERSTANDINGS:
Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the Terms. You understand and agree that the Service is provided AS-IS and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings.
As a Contributor, you are solely responsible for asking questions and investigating 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. The Company doesn't guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. The Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk 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 Perks 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 Perk associated with your contribution.
Perks are offered by Campaign Owners as motivators for Users to contribute to their Campaign. Campaign Owners agree to the following regarding Perks:
- You are solely responsible and liable for, and must fulfill the Perks as presented in your Campaign;
- If for any reason you are unable to fulfill a Perk, you will work with the Contributor(s) to reach a mutually satisfactory resolution which may include, without limitation, issuing a refund in a timely fashion; and
- The Company does not endorse or validate any Perks nor accept any liability or responsibility for the fulfillment or lack thereof of Perks.
The Campaign Owner is solely responsible for:
- understanding that taxing authorities may classify funds raised through the Service as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the Campaign;
- determining how to treat and collect and remit any taxes on Contributions in connection with your Perks;
- paying all fees and taxes associated with the use of the Service.
- The Company encourages Campaign Owners to consult with a licensed tax advisor from their local jurisdiction when planning a Campaign so that they understand and prepare for the tax obligations that may incur from the FUNDS raised.
RAISING FUNDS ON BEHALF OF OTHERS:
From time to time, Campaign Creators desire to raise money on behalf of Organizations and Individuals.
- ORGANIZATIONS: To comply with federal, state and local laws, the Campaign Owner must provide the Company with proof that the Organization has clearly authorized the Campaign Owner to act on its behalf. To apply to accept funds on behalf of another Organization, the Campaign Owner must submit by email to the Company a Letter of Subordination on letterhead from the Organization and signed by an authorized Officer of that Organization that expressly grants the Campaign Creator the right to fundraise on behalf of the Organization. Copies of the documents should be sent to firstname.lastname@example.org.
- INDIVIDUALS: Upon request by the Company, Campaign Owners must provide the Company with information and / or documentation that proves the Campaign Owner has authority or has been granted authority to raise funds on behalf of this individual, and clearly shows how the funds collected will be transferred to the individual or used to benefit the individual noted in the Campaign.
In addition to the activities listed in the Conduct section below, Campaign Owners are specifically prohibited from activities that violate the Acceptable Use Policies, Facebook's Statement of Rights and Responsibilities, and Google's Terms of Service. Campaign Owners are also not allowed to act in any way that violates national, regional and local laws related to online commerce. In particular, by example and not limiting the definition in any way, Campaign Owners cannot run online contests, lotteries, raffles, pyramid schemes, gambling activities or any other form of prohibited financial activity using the Service.
SET UP OBLIGATIONS:
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your Organization as prompted during the Campaign creation process and any later administration processes (such information being the Set Up Data) and (b) maintain and promptly update the Set Up Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your use of the Service and refuse any and all current or future use of the Service (or any portion thereof).
SECURITY AND COMPLIANCE:
- You are responsible for maintaining the confidentiality of the Login Services, and are fully responsible for all activities that occur in your Login Service account as it relates to the Service. You agree to immediately notify the Company of any unauthorized use of your Login Service account or any other breach of security as it relates to the Service. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using the Service, you understand that you are liable for all information, products or services, in whatever form, that you make available to other Users. You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Information, products or services, that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Company representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Information, products or services, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Information, products or services, that infringes any patent, trademark, TRADE secret, copyright or other proprietary rights (Rights) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, province, state, national or international law; or
- stalk or otherwise harass another.
- You acknowledge that the Company does not pre-screen any Content working in coordination with the Service, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that the Company may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its Users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding electronic commerce and charitable funding, and regarding the transmission of technical data exported from the USA or the country in which you reside.
You agree to indemnify and hold the Company, and its subsidiaries, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
NO RESALE OF SERVICE:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service or if agreed to by written consent from the Company.
MODIFICATIONS TO SERVICE:
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company will not be responsible to you for refund, in whole or part, of the Service fees for any reason. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Company, in its sole discretion, may terminate your use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any Service fees or other moneys due to the Company, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Information and/or bar any further access to such files in the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to Service.
The Company may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
PUBLISHING, COMMUNICATIONS AND ADVERTISEMENTS:
- By creating their Campaign or publishing content, Campaign Owners and Contributors agree to their campaign images, videos, text or excerpts being made available for discovery in our Service Find pages and search engine results, as well as their appearance in Service-related communications or promotions or in news articles or reports on published on news media websites or print publications. Campaigns may be used as part of advertising campaigns to promote either the campaign or the Service in print, online or mobile. Private Campaigns will not be published in this manner.
COMPANY'S PROPRIETARY RIGHTS:
You acknowledge and agree that the Service and any necessary software (Software) used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The Company grants you a limited, revocable, non-transferable and non-exclusive right and license to use the Service subject to your eligibility and continued compliance with these Terms; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to modify the Service in any manner or form, or to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces or APIs that are provided by the Company for use in accessing Service.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES 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, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS:
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 of the terms sections may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total service fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Notices to you may be made via either email or regular mail. The Company may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is: 47-561 Mapele Rd, Kaneohe, HI 96744.
SilentAction, trademarks and service marks, and other Company logos and product and service names are owned by and / or trademarks of SilentAction, (the SilentAction Marks). Without the Company's prior permission, you agree not to display or use in any manner, the SilentAction Marks. Third party trademarks are the property of their respective owners.
- Choice of Law: The Terms and the provision of the Service to you are governed by the laws of Hawaii as such laws are applied to agreements entered into and to be performed entirely within Hawaii.
- Arbitration: Any controversy or claim arising out of or relating to the Terms or the provision of the Service shall be finally settled by binding arbitration in accordance with the arbitration rules observed by the Arbitrators of Hawaii. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hawaii, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and the Company agree to submit to the personal jurisdiction of the courts located within Hawaii. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Hawaii necessary to protect the rights or property of you or the Company (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
- Invalid Provisions: The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- Time to File Claim: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Titles: The section titles in the Terms are for convenience only and have no legal or contractual effect.
When you visit the site, use the services or send emails to SilentAction, you are communicating with us electronically. You consent to receive communications from SilentAction electronically. SilentAction may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that SilentAction provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to SilentAction at the following address: 47-561 Mapele Rd, Kaneohe, HI 96744.
Please report any violations of the Terms of service to email@example.com.
The Terms constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
WE DO NOT ACCEPT ANY RESERVATION TO OUR TERMS OF SERVICE.
Any question or suggestion regarding the terms of service shall be sent to firstname.lastname@example.org.