Welcome to Opentip Fundraising! The Opentip Fundraising Services Agreement is an agreement between you and Opentip to enter and use this website and service. In this Agreement, you are sometimes referred to as "you", "your" or “user”, "Fundraiser". By using this fundraising service, you agree to the terms and conditions in this agreement. You warrant that you are authorized to enter into this agreement and the agreement is legally binding on you. If you don't agree to be bound by this agreement, don't access or use the fundraising services.
Opentip reserves the right to make changes to the website and to this agreement at any time without prior notice. Unless we make clear otherwise, access to or continued use of the services after the effective date of the revised Agreement constitutes your acceptance of the revised Terms.
Opentip Fundraising is an online fundraising platform for users to raise funds for their own campaigns and to contribute to the campaigns of other organizations and nonprofits.
We provide products and online design editor for you to create your fundraising products.
We save and share designs that you may have created.
We produce and deliver the products that are listed for sale.
We collect the funds you have raised and offer customer service.
2.Opentip Fundraising Obligations
(1). Access to the website and use of the services.
Subject to user complying with and discharging each of its obligations under these terms and conditions of use, Opentip allows users to access and use the website and the services.
(2). Privacy
Opentip may collect personal data concerning the user in the course of and incidental to users' use of the website and services. Opentip shall comply with, and the user hereby consents irrevocably and unconditionally to Opentip collection, use, and disclosure of such data in accordance with its Privacy Policy.
When you use our site or services, you have to be subject to the agreement and the following special restrictions:
(1). Abide by the law and our policies. You may not offer any items that are illegal, violate any of Opentip Fundraising's policies, rules, or agreements, or violate any applicable law, statute, ordinance, or regulation. You may not take any action that violates the law, infringes or violates anyone else's rights, or breaches any agreements or legal obligations that you have toward anyone.
(2). Respect privacy. When you use the Services or create a Campaign, you may receive information about other users, including personally identifiable information such as names, email addresses, and physical addresses. This information is provided purely for the purpose of fulfilling the requirements of the applicable campaign and other services and may not be used for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User. You will maintain records of all such verifiable consent.
(3). Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, obscene, profane, or invasive of another person's privacy. You can't 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. You may not post any copyright or trademark materials or other intellectual property or proprietary rights of others without express permission from the owner.
(4). Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, listserv, or any kind of auto-responder or spam on or through the Site.
(5). Do not engage in activities that affect the functioning of the Site. You can't use, transfer or implant a virus, routine, or any computer program or technology that disrupts, disables, interferes with, or otherwise has a detrimental effect on the website. You may not take any action that imposes any unreasonable or disproportionately large load on the Website or the Service. You can't use a robot, spider, or other device or process to monitor the activity on or copy pages from the website or the service.
Should you violate any of the Terms of Use, We reserve the right to terminate, suspend, or take any other action related to your account at our sole discretion. You may not access our site or services if we have prohibited you from doing so. We can refuse, delete or remove any submissions. We may remove User Content at our discretion if User Content violates these Terms. We do not communicate our reasons for removing, or keeping, user content on the site.
4.Intellectual Property Rights
User acknowledges and agrees that Opentip does not permit, authorize or condone and hereby expressly prohibits the user from accessing or using the website and the services in a manner that infringes, or is likely to infringe, the Intellectual property rights, or any other rights or privileges, of any person anywhere in the world.
Opentip fundraising's services, content, and marks are legally protected in a number of ways, including copyright, trademark, service marks, patents, trade secrets, and other U.S. and international intellectual property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any Opentip fundraising content, services, or marks accessed through the site or the services. You agree not to change, translate, or otherwise create derivative works of the services.
We are not trying to steal your content or use it in an exploitative way. Unless indicated otherwise, you have complete ownership of your own content and give us permission to post it on our Website.
By posting your content, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to 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.
You grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content. If needed, we reserve the right to edit, modify, or delete any of your Content.
If you believe that your copyright has been used in a way that constitutes copyright infringement, please submit a written notification to the following agent:
Opentip
337 Reservoir St FL 3
Needham Heights, MA, 02494-3145
Email: fundraising@opentip.com
In order for us to respond to your notice, it must include the following information:
(1). A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
(2). A description of the copyrighted work that you claim has been infringed.
(3). A description of where the infringing material is located on the platform (providing URLs is helpful).
(4). Your contact information, including your name, address, telephone number, and email address.
(5). A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6). A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Upon receiving a proper notification of claimed infringement, we will:
(1). Promptly remove or disable access to the allegedly infringing material.
(2). Notify the fundraiser that the material has been removed or disabled.
(3). In appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
If you believe that the Content you posted was removed or disabled in error, or if you have permission from the copyright owner, their agent, or are otherwise legally authorized to use the material, you may submit a counter-notice to fundraising@opentip.com. We reserve the right, at our sole discretion, to repost or not repost the Content.
(1). Fees
It's free to create an account and use the service of our fundraising platform. We only charge the cost of the products. In addition, you are responsible for paying all taxes applicable to you associated with your use of the site.
(2). Returns and refunds
We try our best to provide high-quality products to our customers. Because of the custom, print-to-order nature of our business, we only support returns in case of quality problems such as product damage or printing errors. You can check our return policy for more details.
You agree that you will indemnify, defend and hold harmless Opentip fundraising, its subsidiaries, and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions, or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties, and threatened losses due to, arising from or relating to your use or contribution of Content to the Website that violates the above User Conduct requirements of that infringes any third party intellectual property rights.
Use the services at your own risk. We make no representations about the quality, safety, morality or legality of any Campaign, Item, or Contribution or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the performance of any Items, or that Contributions will be used as described in the Campaign. We do not control or endorse User Content posted on the Site or in any Services and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of such User Content. Opentip Fundraising is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services.
You release us from all claims. When you use the Services, you release Opentip Fundraising 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 such disputes and the Services. All content that you access or use through the Services is entirely at your own risk, and you are solely responsible for any resulting damage or loss to any party.
To the extent permitted by law, Opentip will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Opentip makes no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
We try our best to make sure each fundraising campaign is reviewed before launching, but from time to time, a campaign gets missed. We have no control over any information published on a Campaign page by a campaign organizer and disclaim all liability to the fullest extent provided by applicable law. While the merchandise you order on Opentip will be sent to you as you anticipate, we have no means of verifying that the funds raised will be used as expressly described by a Campaign organizer. All donations made will be at your own risk.
At any time and with or without cause, Opentip may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending user's access to and/or use of the Website and the Services provided by Opentip. In no event shall any such termination or suspension by Opentip relieve the user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension. Users may terminate these terms of use at any time by ceasing to enter the website and use the services.
(1). Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid, or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid, or unenforceable; and (b) it does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
(2). Assignment
These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Opentip without restriction.