FundTube allows Participants (parents, school fundraising organizers, non-profit and for profit organization administrators, adults 18 or older) to upload their User-Generated-Video-Content (UGVC). When Participant’s upload a video in response to a Campaign (School or other educational organizations fundraising event) Participant agrees to these Terms and Conditions. FundTube collects all Content (as defined below) for a specific Campaign and then awaits for Admin’s (Parent or school fundraising organizer, e.g.: PTA, PTO, PA, Foundation leaders) approval before making the video available for fundraising. The Admin has the final say on which Content it uses in its respective Campaigns. The goal of FundTube is to school related UGVC videos for fundraising purposes only.
FundTube reserves the right to modify this Agreement at any time and from time to time. Your continued use of the FundTube Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. You may receive a copy of this Agreement by contacting us at firstname.lastname@example.org.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the FundTube Services or you are a Participant. Furthermore, FundTube reserves the right, in its sole discretion, to reject, refuse to transmit to Subscribers or remove any video (collectively, the “videos”) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the FundTube Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. FundTube expressly reserves the right to remove your video(s) and/or deny, restrict, suspend, or terminate your access to all or any part of the FundTube Services if FundTube determines, in its sole discretion, that you have violated this Agreement or pose a threat to FundTube, its employees, business partners, Users and/or the public. Even after your use of the FundTube Services is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.
Use of the FundTube Website is free to schools. Subscribers/donor pay fees appropriate for their school’s donation schedule.
4. Information Collected from Participant(s) & Subscriber(s).
When you sign up to become a Participant, you will also be asked to provide, at a minimum, the following information: name, email address and date of birth. All requested information is mandatory prior to you uploading a video. It is your individual choice to provide the requested information. If you choose not to provide the requested information then you will not be able to upload a video. You are entirely responsible for maintaining the confidentiality of the information that you provide. You agree not to disclose any information related minors, adhering to COPA regulation, except their names in the EVENT (name of the video uploaded) description. Participant accepts ALL responsibility for UGVC uploaded, and will not hold SoCo Ecoprise (FundTube) responsible in ANY way. You agree to notify FundTube immediately if you suspect any unauthorized use of your account or access to your confidential information. You are solely responsible for your use of the FundTube Services.
When Subscribers sign up, you will also be asked to provide, at a minimum, the following information: full name, email address, credit card number(s), billing address and date of birth, a. All requested information is mandatory prior to you subscribing and viewing a video.
5. Use by Participants and Subscribers.
The FundTube Services are for the use of Participants and Subscribers, for fundraising for non-profit and for profit educational facilities. FundTube reserves the right to remove ANY content in its sole discretion. FundTube reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the FundTube Services.
FundTube grants you a limited license to access and make fundraising use of the FundTube Services and not to download or modify the FundTube Services, or any portion thereof, without FundTube’s express written consent. The foregoing license does not include any resale or commercial use of the FundTube Services or its contents; any derivative use of the FundTube Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The FundTube Services or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without FundTube’s express written consent. Use of the FundTube Services that constitutes abuse shall be determined by FundTube, in its sole discretion. FundTube reserves the right to terminate your use of the Web Portal if FundTube determines you have not complied with the terms of this Agreement. You acknowledge that the FundTube Services may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, “Material”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed, and the entity or person uploading media on the FundTube platform is solely responsible for ANY and ALL infringements on COPYRIGHTS and is agreeing to indemnify FundTube from any expenses and damages.
The Material, taken together, is protected under U.S. copyright laws as a collective work, and Participants are responsible for adhering to copyright laws. Except as otherwise expressly authorized in writing in advance by FundTube, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the FundTube Services, including the Material. All trademarks appearing on the FundTube Services are trademarks of their respective owners. FundTube Services’ partners may also have additional proprietary rights in the Material which they make available through the FundTube Services. The trade names, trademarks and service marks owned by FundTube, whether registered or unregistered, may not be used in connection with any product or service that is not FundTube’s, in any manner that is likely to cause confusion.
6. Proprietary Rights in Content on FundTube.
6.1 Every Participant agrees that the moment a video is uploaded that the Participant automatically relinquishes and assigns any and all ownership rights and licensing rights in the videos (collectively, “Content”) that a Participant transmits, submits, displays or publishes (“post”) on, through or in connection with the FundTube Services. By posting any Content on, through or in connection with the FundTube Services, you hereby assign to FundTube full and complete ownership rights to the Content. FundTube shall have full rights to use, modify, delete from, publicly perform, publicly display, reproduce, and distribute such Content for marketing purposes.
6.2 You represent and warrant that you own the Content uploaded by you on, through or in connection with the FundTube Services, or otherwise have the right to assign full ownership rights in the Content to FundTube. In addition, you warrant that the Content does not violate the privacy rights, COPPA legislation, publicity rights, copyrights, contract rights or any other rights of any person or entity and that you have an unrestricted, transferable license to include any people or entities depicted in the Content, and you hereby assign such license to the FundTube Services. You will assist the FundTube Services or its assigns in every proper way to obtain and from time to time enforce copyrights or other rights based on the Content in any and all countries, and to that end you will execute all appropriate documents necessary to allow FundTube to perfect its ownership rights in the Content. This obligation shall continue beyond the termination of this Agreement. If FundTube is unable for any reason whatsoever to secure your signature to any such document (including renewals, extensions, continuations, divisions or continuations in part), you hereby irrevocably designate and appoint FundTube and its duly authorized officers and agents, as your agents and attorneys-in-fact to act for and on your behalf and instead of yourself, but only for the purpose of executing and filing any such documents and doing all other lawfully permitted acts to accomplish the foregoing with the same legal force and effect as if done by you individually.
6.3 FundTube performs technical functions necessary to offer the FundTube Services, including, but not limited to, the technical processing and transmission of Content to Admins for review, and transcoding and/or reformatting Content to allow the Contents use throughout the FundTube Services.
7. Content Posted.
Please choose carefully your videos (i.e., “Content”) that you upload on, through or in connection with the FundTube Services. For security and privacy reasons, you should not upload any, especially related to minors, information that contains contact data such as, names, phone numbers, email addresses, or website URLs. Once you have uploaded a video you Admins have the opportunity to approve/delete that video. If you become aware of misuse of the FundTube Services by any person or organization, please email FundTube with notice of such misuse.
7.1 FundTube may reject, refuse to post or delete any Content for any or no reason. FundTube assumes no responsibility for uploaded UGVC, Content, no responsibility for the conduct of the Participant or Admin’s submitting any such UGVC or Content.
7.2 You are solely responsible for the Content that you upload, through or in connection with any of the FundTube Services, and any material or information that you transmit to other Participants and for your interactions with other Users. You are solely responsible for any and all activities that occur under your account. You agree to immediately notify FundTube of any unauthorized use of your account or any other breach of security related to your account or the FundTube Services. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the FundTube Services, you agree to provide certain current, complete, and accurate information about you when prompted to do so by FundTube. FundTube reserves the right to terminate your use of the Web Portal, immediately, with or without cause, and your right to use the FundTube Services.
8. Content/Activity Prohibited.
You agree not to:
– Post, transmit, or otherwise make available, through or in connection with the FundTube Services:
- Anything that is or may be in violation of COPPA legislation, unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory, libelous or invasive of another’s privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense.
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising company content promotional material.
- Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
– Use the FundTube Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the FundTube Services.
– Harm minors in any way.
– Impersonate any person or entity, including without limitation any governmental officials or foreign leaders; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
– Interfere with or disrupt the operation of the FundTube Services or the servers or networks used to make the FundTube Services available; or violate any requirements, procedures, policies or regulations of such networks.
– Use the FundTube Services to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone’s intellectual property rights, or is otherwise offensive or inappropriate as determined in FundTube’s sole discretion.
– Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the FundTube Services.
– Remove any copyright, trademark, or other proprietary rights notice from the FundTube Services or Content or materials originating from the FundTube Services.
– Create a database by systematically downloading and storing content from the FundTube Services.
FundTube also reserves the right, but does not assume the responsibility to monitor or review your conduct while using the FundTube Services. Your use of the FundTube Services is subject to all applicable local, state, national and international laws and regulations.
Further, you acknowledge that you are responsible for obtaining to access the FundTube Services, and paying all charges related thereto.
9. Protecting Copyrights and Other Intellectual Property.
FundTube respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
If you believe your work has been copied and posted on or through the FundTube Services in a way that constitutes copyright infringement, please email FundTube immediately at email@example.com with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the FundTube Services (e.g., providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.
10. Subscriber Linked Services.
Because FundTube has no control over Subscriber Linked Services sites and resources, you acknowledge and agree that FundTube 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, services or other materials (collectively, “Third Party Materials”) on or available from such sites or resources.
FundTube shall not be liable for your interactions with any organizations and/or individuals found on or through the FundTube Services. FundTube reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the FundTube Services.
10.1 Indemnification and Hold Harmless
11. Participant / Donor / Fundraiser Disputes.
You are solely responsible for your interactions with whom you interact through the FundTube Services and/or Linked Services. FundTube reserves the right, but has no obligation, to become involved in any way with disputes between you and such other FundTube Users, Subscribers, third party developers or any other parties.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE FundTube SERVICES IS AT YOUR SOLE RISK. THE FundTube SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FundTube 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 AS TO THE OPERATION OF THE FundTube SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE FundTube SERVICE. FundTube MAKES NO WARRANTY THAT THE FundTube SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE FundTube SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FundTube MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FundTube SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FundTube SERVICES OR THAT DEFECTS IN THE FundTube SERVICES WILL BE CORRECTED. FundTube ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE FundTube SERVICES, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ADVERTISERS AND USERS) THROUGH THE FundTube SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE FundTube SERVICES. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FundTube OR THROUGH THE FundTube SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
UNDER NO CIRCUMSTANCES SHALL FundTube BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE FundTube SERVICES OR LINKED SERVICES, ATTENDANCE AT A FundTube EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE FundTube SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE FundTube SERVICES, WHETHER ONLINE OR OFFLINE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE OR THROUGH THE FundTube SERVICES IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. FundTube MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE Web Portal, OR ANY PRODUCTS OR SERVICES OFFERED OR REFERRED TO, ON THIS Web Portal FOR ANY PURPOSE. FundTube CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE FundTube SERVICES.
14. Limitation on Liability.
YOU EXPRESSLY AGREE THAT FundTube SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF FundTube HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) USE OR THE INABILITY TO USE THE FundTube SERVICES; (ii) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE FundTube SERVICES OR RELIANCE ON SUCH INFORMATION; OR (iii) UNAUTHORIZED ALTERATION OF YOUR DATA. YOU SPECIFICALLY AGREE THAT FundTube IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE FundTube SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY.
FundTube reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the FundTube Services, including but not limited to (i) restricting the time the FundTube Services are available, (ii) restricting the amount of use of the FundTube Services permitted, and (iii) restricting or terminating any User’s right to use the FundTube Services, with or without notice; (b) charge fees in connection with the use of the FundTube Services; (c) modify and/or waive any fees charged in connection with the FundTube Services; and/or (d) offer opportunities to some or all Users of the FundTube Services. You agree that neither FundTube nor any of FundTube’s affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the FundTube Services, in whole or in part, or of any service, content or feature through the FundTube Services. Further, you agree that FundTube shall not be liable to you or any third party for any termination of the FundTube Services.
IN NO EVENT SHALL FundTube BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FundTube SERVICES OR LINKED SERVICES, EVEN IF FundTube HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FundTube’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FundTube FOR THE FundTube SERVICES.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
To contact FundTube regarding any questions about this Agreement, please e-mail any question you may have to firstname.lastname@example.org.
ANY USE OF FundTube SERVICES REFLECTS YOUR BINDING AGREEMENT TO THIS AGREEMENT AND YOU AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.