Important Notice: This agreement contains binding arbitration and class action waiver provisions. These terms affect your legal rights. Please read the “Arbitration and Class Action Waiver” section below carefully.
Thank you for visiting LaunchGood. LaunchGood is an online fundraising technology platform. These Terms of Use (“Terms”) govern your access to, use of, and participation in services provided by LaunchGood Inc. (“LaunchGood,” “we,” or “our”), including our website, products, tools, promotions, and any other services that reference these Terms (collectively, the “Services”). By accessing or otherwise using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
The terms “you” or “your” refer to any individual who accesses, uses, and/or participates in the Services in any manner, as well as your heirs, assigns, and successors. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, and your acceptance of these Terms shall be deemed to be the acceptance by that entity. In such cases, “you” and “your” shall also refer to the entity.
Definitions
Beneficiary: Refers to the individual, family, group, charity, or other recipient designated in a campaign to seek donations through the Services. A Beneficiary may be the Organizer themselves or a third party named in the campaign.
Campaign: Refers to the cause, goal, or project for which an Organizer seeks donations through the Services.
Recurring Donation: Refers to a Donor’s commitment to make periodic donations to one or more campaigns chosen either by themselves or by LaunchGood.
Organizer: Refers to the individual or organization that creates, initiates, or manages a Campaign. The Organizer may be the Beneficiary or a third party designated in the Campaign.
Donor: Refers to an individual or organization that makes a donation to a campaign or an arranged donation plan.
Member: Refers to a Donor, Organizer, or any other user of the Services.
Eligibility to Use
To use the Services, you must be of legal age (18 years old or the age of majority in your jurisdiction) and have the capacity to enter into these Terms. If LaunchGood has previously banned you from accessing or using the Services, you may not use the Services.
Additional Terms and Policies
For detailed information regarding how we collect and use your information and for notifications, please refer to our Privacy Policy, which forms part of these Terms and is incorporated herein by reference. Certain areas and/or products within the Services may post different terms and conditions or may require you to agree to additional terms and policies. In case of any conflict between specific terms and these Terms, the specific terms shall prevail.
Changes to the Terms
We may modify these Terms from time to time. Please review this page periodically to stay informed of any updates. Any changes will be posted within the Services. If you do not agree to the updated Terms, you must stop using the Services. Updated Terms become effective as of the date of posting, unless otherwise specified in the notice or in the Arbitration and Class Action Waiver section. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the changes.
Account Registration
You may need to create an account to use the Services. You agree to provide accurate, complete, and current registration information and are responsible for keeping your password confidential and secure. By registering, you agree to be fully responsible for all activities that occur under your username and password. We are entitled to assume that any communications made through your account are made by you.
If you discover any unauthorized use or access to your account, you must promptly notify us at [email protected]. You understand and agree that we may require you to provide information to verify your identity and help secure your account. LaunchGood is not liable for any loss, damage, liability, costs, or attorneys’ fees arising from another’s use of your account, whether or not you were aware or notified us. Instead, you will be fully responsible for any such loss, damage, liability, costs, and attorneys’ fees suffered by LaunchGood or any third party due to another’s use of your account.
Intellectual Property and Other Ownership Rights
The Services are owned and operated by LaunchGood, and the content is wholly or partially derived from materials provided by LaunchGood.
Intellectual Property and Other Ownership Rights (continued)
The Services and all materials therein, including but not limited to software, graphics, text, designs, images, illustrations, logos, patents, trademarks, service marks, copyrights, and all related intellectual property rights (collectively, “Content”) are owned by LaunchGood or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Without LaunchGood’s prior written consent, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, license, decompile, reverse engineer, create derivative works from, or otherwise use any Content in any manner or medium.
Subject to your compliance with these Terms and any applicable additional terms and policies, LaunchGood grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and their Content for your personal, non-commercial use.
Except as expressly granted in these Terms, no rights or licenses are conveyed to you, and LaunchGood reserves all rights not expressly granted.
User Content
By using the Services, you may upload, submit, publish, or otherwise provide text, images, videos, data, information, or other content (“User Content”).
You are fully responsible for the User Content you provide, including its legality, reliability, accuracy, and appropriateness.
By uploading or otherwise providing User Content, you grant LaunchGood a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to operate, develop, provide, promote, and improve the Services and to research and develop new services, including but not limited to copying, modifying, editing, distributing, translating, displaying, performing, and otherwise using your User Content.
You represent and warrant that (1) you own or have the necessary rights to grant the above license; (2) your User Content does not infringe any third party’s rights, including but not limited to intellectual property, privacy, or publicity rights; and (3) your User Content does not violate any applicable laws or regulations.
We have the right, but not the obligation, to review, edit, or remove any User Content without prior notice.
Prohibited Conduct
You agree not to engage in the following conduct when using the Services:
- Violating any applicable laws or regulations;
- Infringing on the rights of others, including privacy rights and intellectual property rights;
- Posting false, misleading, or fraudulent information;
- Interfering with or disrupting the Services or the servers or networks connected to the Services;
- Using any automated system (such as robots, spiders) to access the Services without our written permission;
- Attempting to gain unauthorized access to the Services, user accounts, or other computer systems;
- Using the Services in any manner that could harm LaunchGood or its users.
LaunchGood reserves the right to suspend or terminate your access to the Services at any time for any reason without notice.
Payment and Donation Terms
If you make a donation to any Campaign, you agree to pay the amount you pledged. All donations are final and non-refundable unless required by law or otherwise specified by LaunchGood.
You authorize LaunchGood to charge your payment method for the donation amount, and applicable transaction fees or service charges may apply.
LaunchGood is not a bank or a payment institution and does not have a legal fiduciary duty to hold donations. Donations are processed through third-party payment processors.
Arbitration and Class Action Waiver
Please note:
- You and LaunchGood agree to resolve any disputes through binding individual arbitration, and not in court by a judge or jury.
- You waive your right to participate as a plaintiff or class member in any purported class action, class arbitration, private attorney general action, or other representative proceeding.
- Arbitration will be conducted in accordance with the then-current Consumer Arbitration Rules of the American Arbitration Association (AAA).
If you wish to opt out of the arbitration provisions, you must send a formal notice to [email protected] within 30 days of your initial acceptance of these Terms.
Disclaimer
The Services are provided “as is” and “as available.” LaunchGood makes no warranties, either express or implied, regarding the completeness, accuracy, availability, timeliness, or error-free nature of the Services.
Your use of the Services is at your own risk.
Limitation of Liability
o the fullest extent permitted by law, LaunchGood shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or related to your use or inability to use the Services, even if LaunchGood has been advised of the possibility of such damages.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States (without regard to its conflict of laws principles). Except for the arbitration provisions, you agree to submit to the jurisdiction of the courts located in Detroit, Michigan for any disputes related to these Terms or the Services.
Miscellaneous
If any part of these Terms is found to be invalid or unenforceable, that part shall be severable and shall not affect the validity or enforceability of the remaining terms.
LaunchGood’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.