CrowdCause Terms of Service
Last Updated December 22, 2018
Pink Lotus Power Up, LLC (“PLPU”) provides its crowdfunding platform CrowdCause (the “Platform”) to you through its “Power Up Site” (as such term defined in PLPU’s global Terms and Conditions).
If you are a Fundraising Organizer (as defined below) or Donor (collectively referred to as a “User”) using the Platform, your use of the Platform is subject to the following CrowdCause Terms of Service, as amended from time to time (the “CrowdCause TOS”). You are entering into this agreement with PLPU (also referred to as “we”, “us”, “our” and other similar terms) and your use of the Platform constitutes your agreement to and acceptance of the CrowdCause TOS.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE PLATFORM, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify any portion of the CrowdCause TOS at any time. If we do this, we will post the revised version on this page and will indicate the date of such revision.
Your continued use of the Platform after the date of any such changes constitutes your acceptance of the new CrowdCause TOS. If you do not wish to accept the new CrowdCause TOS, you may discontinue your use of the Platform.
Access and Use of the Platform
Platform Description: The Platform is offered as a facilitator to allow an individual (the “Fundraising Organizer”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”).
Although there are no fees to set up a Campaign, industry-standard transaction fees apply (hereinafter and on the website referred to as “Transaction Fees”) to the Platform rendered to Fundraising Organizers. Transaction Fees are explained in greater detail on the following website: https://pinklotus.com/powerup/crowdcause/fees/.
The Platform is a system; We are not a Broker, Financial Institution, Creditor or Charity: The Platform is administrative platform only. PLPU facilitates the Campaign of the Campaign Organizers and permits Donors to make donations to these Campaign Organizers. PLPU is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by PLPU relating to the Platform is for informational purposes only, and PLPU does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Donations, Donors, or any information or content relating to the Platform, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Platform is at your own risk.
PLPU has no control over the conduct of, or any information provided by, a Campaign Organizer or other User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign or Campaign Organizer, and we make no guarantee, express or implied, that any information provided through the Platform is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign or Campaign Organizer.
All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used. PLPU is not responsible for any offers, promises, rewards or promotions made or offered by a Campaign or Campaign Organizers. We do not and cannot verify the information that Campaign Organizers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose described by a Campaign Organizer or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Security Policy at https://pinklotus.com/powerup/crowdcause/security/. If you have reason to believe that a Campaign Organizer is not raising or using the funds for their stated purpose, please use the “Report Fundraiser” button which is available on each Campaign page posted on the Platform.
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will not infringe the rights of others; (iv) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for your project; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize PLPU, and PLPU reserves the right to, provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Platform. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Modifications to Services
PLPU reserves the right to modify, suspend or discontinue, temporarily or permanently, the Platform (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Public Display of Donations
You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a “Promotion”) on or through the Platform without our prior written consent which consent may be withheld in our sole and absolute discretion. You may seek permission by contacting us by clicking on ‘Leave a Message’ in the bottom footer of this page.
You acknowledge that PLPU has no obligation to you to retain data relating to your Campaign. You acknowledge that PLPU reserves the right to delete data or to terminate Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, music, sound, photographs, graphics, messages or other materials (the “Content”) that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”) via the Platform. If you are not the beneficiary of the Campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with the CrowdCause TOS.
The following are examples of Content and/or use that is illegal or prohibited by PLPU. This list is not exhaustive and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms or spirit of these CrowdCause TOS. We further reserve without limitation, the right to remove the offending Content, suspend or terminate the user account of such violators, stop payments to any such Campaign, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. Without limiting the foregoing, you agree not to use the Platform to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
- violating any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Platform;
- any election campaigns that are not run by a registered organization within the supported country;
- content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, or legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
- campaigns we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the sale of items before the seller has control or possession of the item;
- collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by PLPU;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
- publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
- sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
- aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a Campaign description;
- transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of PLPU, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose PLPU or its users to any harm or liability of any type; or interfere with or disrupt servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; or harvest or collect email addresses or other contact information of other users from the Platform by electronic or other means;
- any other activity that PLPU may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature;
- any other activity that PLPU may deem in its sole discretion to be unacceptable.
Additionally, with respect to all Donations you make or accept through the Platform, you agree:
- not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
- not to use the Platform in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
- to maintain reasonable and standard security measures to protect any information transmitted and received through the Platform, including without limitation by adhering to any security procedures and controls required by PLPU from time to time;
- to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for PLPU to verify compliance with the CrowdCause TOS and make such records available to PLPU upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
- at PLPU’s request, including without limitation in case of investigations by PLPU, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
PLPU reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the CrowdCause TOS or harm the interests of our users, business partners, the public, or PLPU, or that expose you, PLPU, or others to risks unacceptable to us. We may share any information related to your use of the Platform with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your user account, your Donors, your Donations, and transactions made through or in connection with your use of the Platform.
In order to contribute to a Campaign, a Donor will be required to provide PLPU information regarding its credit card or other payment instrument, such as PayPal (“Payment Instrument”) that is linked to the Donor’s account on the Platform. You, as a Donor, represent and warrant to PLPU that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless PLPU, in its sole discretion, agrees to issue a refund. PLPU uses third-party payment processing partners to bill you through your Payment Instrument for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (such as Stripe, PayPal, etc), in addition to these CrowdCause TOS, including Stripe’s terms of service, PayPal’s terms of service and PayPal Giving Fund’s terms of service.
From time to time, PLPU may (in our sole discretion) place a hold on a Campaign or user account (a “Hold”), suspending Withdrawals (defined herein) by a Campaign Organizer. Some of the reasons that we may place a Hold on a Campaign include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by PLPU in its sole discretion) should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these CrowdCause TOS, (iv) if PLPU determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity, (v) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent donation activity, or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us.
While PLPU strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and PLPU does not guarantee that Withdrawals will be available to you within any specific time frame, and PLPU expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to PLPU in order to process a Withdrawal, including your bank account information, PayPal e-mail or username, is accurate and up to date. PLPU may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Campaign. PLPU is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by PLPU issuing refunds, including, but not limited to transaction or any associate bank fees.
Payment Card Industry Data Security Standard
The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, PLPU is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.