Terms of Service
Last Updated: November 06, 2016
These Terms of Service and all other documents or policies referenced within, the "Terms", ("TOS", "Terms of Service", "Agreement") sets forth a legal contract between each end user ("User", "Users", "you", "your", "Donor", "donor", "Cause", "cause", "Recipient" or "recipient") and KarmaLaunch, Inc., ("KarmaLaunch", "we", or "us") with respect to its web properties ("Site"), and functionality ("Service", Services") which may include, but are not limited to store functionality ("Storefront, "Store", "Billboard") campaign creation and maintenance ("Launch", "Launchpad" "Campaign" "Tools"), campaign ownership ("Organizer", "Launcher", "Owner") social network and email sharing tools, purchases ("Buyer", "Customer"), graphic design resources ("Designers", "Artists", "Contributors", "Store Owner"), payouts ("Monies", "Money", "Funds"), or any form of support, technical or otherwise through a KarmaLaunch page, whether on our domain(s), or other web domains operated by us or an authorized third party.
BY USING THE SITE OR ANY RELATED SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU:
- have read these terms and all linked information
- completely understand them
- accept and agree to be bound by them in their entirety
- completely and wholeheartedly agree to comply with all laws and regulations (including any relevant policies from your internet or cellular provider and/or company policies applicable specific to you) governing the use of the Services contained within or by a third party
- are at an age of majority, are at an age of 18 years or are able to enter into legally binding contracts, or are at least 13 years of age and are being personally supervised and monitored by a parent or guardian while on the site
- will not disrupt or interfere with any other User's enjoyment of the Site and all associated partner and affiliate Sites
- will not disrupt, molest or tamper with the security of the Site, servers, both local and cloud, accounts, networks, or system resources
- will not attempt to circumnavigate or in any way obscure our brand by use of i-frame, or other existing or yet to be created code
- you will not tamper with or access non-public areas of the Site
- will not use the Site or its contents, our help system, or our affiliates or partner Sites, including social presence, in order to damage KarmaLaunch's public reputation, or that of its officers, managers, employees, board members, shareholders, affiliates and partners
If you are unable to understand and adhere to any of these non-negotiable conditions, please stop using the site immediately.
Services: KarmaLaunch's Services are provided via the Site, which is an interactive online experience through which Organizers create Launches to generate funds and build external awareness. You agree that some functionality is reserved for, and only available to authenticated and verified Registered Users upon the creation of a KarmaLaunch account. Users engage and utilize the Site completely at their own risk. Funds and awareness raised by the Launcher will be used at their discretion; to support their own causes, social or otherwise, to support a charitable organization, or any other purpose that may be specified within the Launch. In all cases, the Organizer will designate and administrate the purpose.
Disbursement of funds: We do not and cannot directly control what a Launcher does with any money they receive. As such, all Users recognize and understand:
- unless specified, we are not the Launcher
- we do not select the person, cause or organization a Launcher says funds raised from an Launcher’s Campaign will benefit
- our responsibilities are limited to providing the appropriate level of access to the Services to facilitate Launchers, Customers and/or Designers coming together and transacting directly with each other. All other activity and transactions are solely between Launchers, Customers and/or Designers, and we have no responsibility or liability for any such activity other than to send the appropriate amount of funds raised to parties specified in each Launch
- we cannot and do not control the content, accuracy, or truthfulness of any offers, requests, or other information Launchers may furnish in connection with using the Services
- unless specified, we do not endorse any Organizer, cause, organization or purpose a Launcher says the Campaign will support
Launch Requirements: Prior to creating a Launch, you must read, understand and abide by the following:
- you understand and agree that you are the owner, or legal licensee, of all ownership rights associated with any uploaded or Site created artwork or text ("Product", "Work"), including but not limited to, the copyrights and trademarks associated with the work. Upon request, we may ask that you provide full and binding legal documentation that shows proof of ownership or valid license agreement. You further agree to abide by any conditions, limitations or restrictions set forth by the agreements in place
- you understand and agree that all Launcher-control data, including, but not limited to description, title, tags and other fields, either stand-alone or in combination with each other do not infringe upon the rights of any third party
- you understand and agree that KarmaLaunch will, at its discretion or the discretion of counsel, release your full personal contact information, including IP Address, ISP, and Geo Location, to any party that satisfactorily meets our guidelines for pursuing the unlawful use of their intellectual property
- you understand and agree not to provide false or misleading information in your Launch, including, but not limited to: describing inventory or production levels, User-generated promotions, production and delivery times, the origin of the product, or the intended recipient of any earned funds
- you understand and agree not to engage Buyers, potential or otherwise, through information posted in your Launch other than the purchase of the primary item or items in question. This includes, but is not limited to prizes, free promotional items, raffles, points or rewards system benefits, paid memberships, and other opportunities beyond the intended purpose of purchasing said item or items
- you understand and agree that any Launch you create that references, or implicitly or explicitly relates to a charity or fundraising effort is authorized by said party, and accurately states the percentage or dollar total of Funds that will be donated
- you understand and agree to empower KarmaLaunch, at its sole discretion, to reclaim and redistribute up to 100% of the profits derived from your Launch should we be in possession of a valid complaint, either physical or electronic, from a charity, cause, individual, business, brand, fundraiser or authorized family member featured in the Launch that is in any way found to be deceptive, misleading or likely to cause any confusion
- you understand and agree that upon receipt and processing of an infringement notice, at our sole discretion, your Launch may be subject to cancellation without your consent, profits may be witheld, and you are subject to having your KarmaLaunch account cancelled
- you understand and agree to defend, indemnify, and hold KarmaLaunch, its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties"), harmless from, and against any and all claims, damages, costs and expenses, including reasonable legal fees, arising from or relating to your use of the Site and Services, your violation of this agreement, or the rights of others
- you agree and understand that KarmaLaunch is not responsible for any ancillary, consequential, either direct or indirect, or any special damages, including but not limited to lost profits, punitive damages, including damages relating to lost data or good will, related to any action or series of actions taken by KarmaLaunch as it pertains to this Agreement or your use of the KarmaLaunch Site or Services
- you will not tamper with or access non-public areas of the Site
- you agree and understand that in the case whereby your Launch is deemed profitable, either via number of items sold or overall sales total, you agree to allow KarmaLaunch, at its discretion to alter your overall goals in order to complete its manufacturing and fulfillment processes no matter your original goals
- you understand that KarmaLaunch makes no warranty that the Services or the Site will meet your needs or will be uninterrupted, timely, secure or error-free, that defects will be corrected in a timely manner, or that the Site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, reliability of the underlying materials.
Our Content: KarmaLaunch retains ownership, control, and license of any and all software created by or on behalf of KarmaLaunch, as well as any of our writings, text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and codes ("KarmaLaunch Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of KarmaLaunch Content as may be provided at the Site or otherwise provided through our Services. All KarmaLaunch Content is protected by copyright, patent, including provisional, trade dress and trademark laws, and various other intellectual property and other rights. KarmaLaunch does not claim any intellectual property rights to User Content.
All images, artwork and fonts accessed through KarmaLaunch art/font libraries are owned or licensed by KarmaLaunch. They are available for your use only in conjunction with a Launch through the Site. You do not accumulate any rights to any images, artwork and/or fonts accessed from any of our Sites, Services, or any derivations thereof.
User Content: KarmaLaunch Services allow customers to create and submit designs (“Customer Content”) that will be printed on products and shared electronically. When you create, upload, or otherwise provide your own original User Content to or through the Site and its affiliates or partners, you retain full ownership of any and all intellectual property rights in your User Content to which you may be entitled under applicable laws. You also represent and warrant that, with respect to all User Content that you upload, email, transmit, publish, and disseminate through the Site:
- you have all rights and licenses necessary to use, alter, upload, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Services, and to grant to KarmaLaunch the licenses set forth in this Agreement
- the User Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party
- you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, alter, transmit, publish, and/or disseminate their name and/or likeness through the Services
- upon submission of User Content, you hereby grant to KarmaLaunch and its successors, assigns, and third party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform, the User Content solely for purposes of providing you with the Services, and advertising and promoting the Services — including, but not limited to, through the Site, our affiliates, ad retargeting partners, and through KarmaLaunch social media channels, such as Facebook, Twitter, Pinterest, Instagram, Google+ or any other outlets as may be developed in the future
KarmaLaunch fully intends to make User Content available to you on an ongoing basis, subject to its sole discretion and to the terms and conditions of these Terms. Irrespective of that, KarmaLaunch reserves the right to disable your access to any User Content at any time and for any reason.
KarmaLaunch makes no representations about the quality, safety, morality or legality of any Launch, including images, titles, descriptions and tags.
Cash Donations: Users, Donors and Recipients understand that the KarmaLaunch Sites are intended to create goodness, not evil in the world. Therefore, Users, Recipients and Donors must abide by these and any reasonable interpretation of the words used. We will not allow:
- any activity that violates any law or governmental regulation; storefront, store or Launch content that is fraudulent, misleading, inaccurate or impersonates any other entity or fundraising efforts whether those efforts exist on the KarmaLaunch Sites or not (simple rule: don't lie);
- anything related to current U.S. State Department guidance covering money transfers, money laundering or offshoring of any monies tied to countries currently holding sanctions;
- gaming, legal or otherwise, or anything that requires an entry fee or subscription such as a lottery or sweepstakes;
- illegal controlled substances or products that present a risk to human or animal safety; sharp, stabbing things, bombs, ammunition or other items that may detonate and create havoc;
- overt sexual content;
- offering gift cards or gift certificates to a third party site or service in exchange for a cash donation;
- the active or passive creation or sharing of hate, hate speech, bullying, or anything that resembles harassment by someone with deplorable character - DON'T BE MEAN;
- human or animal trafficking and/or abuse, or other other immoral acts committed against humans or animals;
- the defense or support, directly or indirectly, of anyone alleged to be involved in felonious activities;
- the use of the Site, or Services contained within, to harvest, collect or otherwise use personally identifying information for the creation of spam, junk mail, contests, sweepstakes, or emails from Nigerian princes;
- the use of any personally identifying information, including email, to harass, bother, intrude upon or otherwise molest humans or animals;
Cash Donations - Donors: As a Donor, or the person giving the donation, you will be required to provide the Site with personally identifying information; including a credit, debit or gift card, in addition to other personally identifying data such as name, address and phone number. You, and you alone certify that you have the full, express permission to use said card during any transaction on the Site. Fraudulent activity will be reported to the authorities. You further agree that KarmaLaunch can set, then modify a minimum contribution amount, solely based on our discretion. You also agree that your cash donation is subject to a mandatory transaction fee that can change without notice or User approval, and the amount paid to the Cause will be less than your donation amount in every case. KarmaLaunch does not charge a subscription fee to solicit donations, therefore these transaction fees cover credit card and other processing fees imposed on us by our payment providers. ALL DONATIONS ARE FINAL, AND REFUNDS WILL NOT BE ISSUED.As a Donor, you further agree that KarmaLaunch is not the Internal Revenue Service, a state-run taxation board, international taxation or tariff expert, or a certified public accountant, therefore we cannot and will not be held liable or responsible if your donation is not tax-deductible. It is your exclusive responsibility to seek expert tax advice from a professional, irrespective of the statements made to the contrary by a Recipient.
Cash Donations - Recipient: As the Recipient of a cash donation, you agree without hesitation that KarmaLaunch can, and will deduct a transaction fee prior to transferring any monies donated directly to you. You further agree that KarmaLaunch can, and will hold your cash donation for a minimum period of 72 hours in order to combat thievery and fraud. You further agree that all monies in your Karma Bank can be withheld and redistributed at our descretion if we suspect you, the Recipient, has engaged willing or otherwise in any of the nefarious activities expressly communicated above.
KarmaLaunch does not charge a subscription to solicit donations, therefore these transaction fees cover credit card and other processing fees imposed on us by our payment providers.
Further, you understand and accept any and all tax liabilities levied by any and all local, state, or country sponsored tax boards, including the Internal Revenue Service.
As of the date of this document, KarmaLaunch will not broadcast via your Store, Storefront or Social Media any information related to your Donor list. Those are private transactions between you, the Recipient, and the Donor.
Cash Donations - Fees: KarmaLaunch charges a 5% transaction fee on all cash donations. This helps to cover various costs associated with processing credit cards, and moving money between Donors and Recipients.
Updates: You understand that the KarmaLaunch Sites are in a constant state of evolution. You acknowledge and agree that KarmaLaunch may update our Sites with or without notifying you. Also, you may need to update third-party software from time to time in order to make best use of our Sites.
User Security: To complete the registration process, you will provide an email address and a User-generated password based on the guidelines provided by the Site. You are solely responsible for the creation, maintenance and security of your account and password. Further, you are solely responsible for the activities that occur within your account. It is critically important to practice good security measures, especially if using a shared computer.
Should you become aware that your account may have been used for unauthorized activity, you agree to notify KarmaLaunch immediately either by email or phone posted on the Site.
Customers or buyers who reserve or purchase an item using the Site will automatically be subscribed to an email list managed by the Launch owner. Upon receipt of your first email, you may unsubsubscribe using the link included within the content of the email.
We cannot and will not be liable for any damages or costs arising from your failure to comply with the User Security section of the Terms.
Content and Pricing Errors: In the event a Launch is displayed with an incorrect price or with incorrect information due to accidental typographical errors in content, code or pricing, KarmaLaunch reserves the right to refuse or cancel any orders placed for products listed at the incorrect price.
Buyer Opt-In: During the checkout process, we store the names and email addresses of each purchaser. This information can then provided in an obfuscated form to each Launcher, who, at their discretion, may use this information to contact their buyers in the future. Each buyer may opt out of this process upon the receipt of their first Launcher-based email.
Return Policy: KarmaLaunch works diligently to ensure that all our Launches are reproduced with high-quality materials, shipped on time and with accuracy. We accept returns and will issue a full or partial refund within 30 days of the end of the Launch if customers are dissatisfied with their merchandise for any of the following reasons:
- the physical product itself is damaged or flawed
- the quality of the printing is sub-standard
- the final product is fundamentally different than the design presented in the Launch
Please visit support.karmalaunch.com to let us know how we can help make the situation better.
For so long as you understand and agree to these Terms and abide by them, you may use the Site and Services.
These Services are operated and provided by KarmaLaunch, Inc, 3561 Homestead Road, Suite 999, Santa Clara, CA 95051. If you have any questions about these Terms, please do not hesitate to ask electronically or in writing to the address above. Please mark your letter ATTN: Policy.
Other Important Documents