Terms and Conditions
By using our online services, you agree to be bound by these terms, which shall take effect immediately on your first use of one of our online services. If you do not agree to be bound by all of the following terms, please do not access, use and/or contribute to any of our online services.
In the following Terms and Conditions policy, we will use such terms to identify Fruity Fundraising.com “We” or “Our,” “Company.” The terms “Client” refers to an individual who buys services from Fruity Fundraising.com.
• Users Policy.
The Sites are not intended for users under 13 years of age. If you are under 13, do not use the Sites and do not provide us with any personal information.
• Collecting your information
By using our online services, you agree to provide any relevant information, documents and attachments, through electronic means, in the format and to the standards described for each transaction. You also agree and understand that the information collected will be retained in electronic form.
• Accuracy of transaction information
Upon completing a transaction using our online services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction, credit card/account information and other details are correct. You should print the transaction confirmation for future reference and for your files.
• Right to suspend, alter, or cancel service
The Fruity Fundraising.com shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all our online services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
• Prohibited uses.
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• You agree not to “scrape” or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Monitoring and enforcement; termination
Fruity Fundraising have the right to:
• Disclose your identity or other information Fruity Fundraising.com you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site.
• YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
• However, we cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
• Website security (for online payments)
Online payment services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the website (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. Fruity Fundraising shall have no liability for the interception or ‘hacking’ of data through the website by unauthorized third parties.
• Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FRUITY FUNDRAISING ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
• Intellectual Property
Fruity Fundraising will protect the licensed innovation rights regarding our Website, incorporating copyright in the Content (counting copyright in content, representation, logos, symbols, pictures, sound clasps, computerized downloads, information, and programming).
Except as set out underneath, you may not duplicate, alter, distribute, transmit, exchange or offer, repeat, make subordinate works from, disperse, perform, show, or in any capacity misuse any of the Content, in entire or to some extent. You may not utilize our name or logos or trademarks or some other Content on any site of yours or that of whatever other individual. Subject to alternate terms of this understanding, you might download or duplicate Content just for your very own utilization, gave that you keep up all copyright and different notification contained in it. You may not store electronically any noteworthy part of any Content.
Any notice provided for or concerning these terms shall be in writing and shall be deemed sufficiently given when sent by emailing us at legal@FruityFundraising.com
• Termination policy
A User’s access to the Website will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
• The Website reserves the right to decide whether Content or if a User’s Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length.
• Website may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
The failure or delay of Fruity Fundraising to exercise or enforce any right in these terms does not waive their right to enforce that right.
• Mandatory Arbitration
Any dispute regarding the services shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the US Arbitration Association then in force and effect.
Each of the provisions of these terms and conditions is severable and distinct from the others, and if at any time one or more of such provisions is or becomes invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.
If any term or procurement of this understanding is whenever held by any ward to be void, invalid or unenforceable, then it might be dealt with as changed or diminished, just to the degree negligibly important to bring it inside of the laws of that purview and to keep it from being void and it should be tying in that changed or lessened structure. Subject to that, every procurement should be deciphered as severable and might not at all influence some other of these terms. The rights and commitments of the gatherings set out in this assertion should go to any allowed successor in title.
• Governing law and jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, USA law and any dispute arising from, or related to these terms and conditions, and their related services, shall be subject to the exclusive jurisdiction of the courts of USA.