Capitalized terms in this Policy, except where defined in this Policy, will have the same meaning as in the Terms.
1. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You, and not Us, are entirely responsible for all Content that You upload, post, transmit or otherwise make available via the Service (“User Content”).
You agree that You will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, inappropriate, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, racial, or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, our service official, other User, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) disguise the origin of any Content transmitted through the Service by, for example, forging headers or manipulating identifiers;
(e) upload, post or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from You or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your fundraising page by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that 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;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) stalk, bully or otherwise harass another User and/or any third-party;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) as We determine, in our sole discretion, is inappropriate for sale through the Service provided by Us;
(n) use the Service as a forwarding service to another website;
(o) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
(p) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;
(q) make any automated use of the system.
If any User is reported to be in violation with the letter or spirit of this Section 1, We retain the right to terminate such account at any time without further warning.
2. COPYRIGHT AND INTELLECTUAL PROPERTY
We respect the intellectual property rights of others and We prohibit Users from uploading, posting or otherwise transmitting on our website or service any materials that violate another party’s intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement as described herein, We promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).
If You believe that any material on the Site infringes upon any copyright which You own or control, You may send a written notification of such infringement to our Designated Agent identified below.
If You believe that your own copyrighted work is accessible on the our website or Service in violation of your copyrights, You may provide our Designated Agent with a written communication as set forth in DMCA, 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that We can locate the material.
- Identify the URL or other specific location on the Site or Service that contains the material that You claim infringes your copyright described in Item 1 above.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- Include 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.
- Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf.
- Include your name, mailing address, telephone number and email address.
You may send your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:
7660 E. Broadway Blvd
Tucson, AZ 85710
(520) 314-8800 (Phone)
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Further, the software used to provide the Service is the subject of several pending U.S. and/or international patent applications and as such, the Service is “patent pending.” The Site is also subject to copyright protection. We also own or have the rights to use various trademarks including, but not limited to: “RallyUp.com™” and “More Funds. Less Raising.™” . You agree to not use these trademarks or any mark which is confusingly similar to these trademarks in association with providing any goods or services. Further, should You use these trademarks to describe our services, You must use them as shown above or on the Site and properly denote them as trademarks with a “TM” symbol and indication that the trademarks are owned or licensed to Us.
3. PORNOGRAPHY AND INAPPROPRIATE CONTENT
As part of the Service, our system may flag certain content that contains pornography and in some cases, child pornography. Child pornography is the depiction of a child under the age of eighteen engaged in sexually explicit behavior. Do NOT download the child pornography to your computer, to your fundraising webpage, or to your account. Further, do NOT forward any images that You believe are child pornography to Us or our officers, directors, or employees. The possession of child pornography is a violation of law and You must report any child pornography that You discover while You are using the Service to law enforcement immediately. You may contact your local police department or your local field office of the FBI. To locate your field office of the FBI, please visit: http://www.fbi.gov/contact/fo/fo.htm.
Information We Collect
A User may voluntarily submit information throughout the Site that personally identifies the User when the User participates in Campaigns, through a Registration, or otherwise provides information directly to Us. The personally identifiable information may include the User’s name, email address, postal address, phone number, fax number, age, date of birth, payment information (such as credit card), future communication preferences, or demographic information.
If the User provides Us with the User’s email address and opts into any email notification features that We may not have or may develop in the future, the User may receive emails from time to time from Us. Each email the User receives from Us will contain an “unsubscribe” link at the bottom of the email message, which will provide the User the opportunity to opt out of receiving future communications from Us by clicking on the “unsubscribe” link and following the unsubscribe instructions.
We may collect and use information that identifies the User personally when the User submits comments, questions, or suggestions through the Site. For example, if a User submits questions or information requests, We will use the information the User provides to respond to the User. We also may collect and use a User’s information to contact the User when necessary for other administrative purposes. Such email will be maintained in accordance with our corporate email and document retention policies.
How We Use Information
We use information collected from and about the User to provide the products and services the Users request, to tell Users about other products and services offered by Us, and to manage our web sites and servers. We may also use the information collected to send a User samples, products, and information, develop new products, enroll a User in contests or offers the User requests, to create and manage an account, to process payment for purchases or other services, to develop and provide advertising tailored to the User’s interests, to analyze the use of our products, services, and web sites, to determine the effectiveness of our advertising, and to understand how the User arrived at our Site.
We may use and combine passively collected anonymous information to provide better service to the Site visitors, customize the Site based on User preferences, compile and analyze statistics and trends, and otherwise administer and improve the Site. Such information is not combined with personally identifiable information collected elsewhere on the Site unless the User has consented.
We do not and will not sell or disclose a User’s personally identifiable information to outside marketers, and will only share personally identifiable information as provided below and within our company.
We may engage third party service providers to perform various services on our behalf. We may need to share a User’s personally identifiable information with them. We require that our service providers keep personally identifiable information confidential and not disclose it to third parties, and not use it for any other purpose. For example, we may rely on a service provider to fulfill a User’s product and service requests and answer a User’s questions, host our sites, manage payments, analyze data to send more targeted communications to the User, conduct research and analyze data to improve our products, services, and sites.
In other situations, We may disclose a User’s personally identifiable information if We are sold to another company or We acquire or merge with another company, where permitted by law to protect and defend our rights and property, including the Terms, and when required by law or any governmental authority.
Cookies and Other Technologies
We use reasonable efforts to protect a User’s personally identifiable information collected through the Site from access, loss, misuse, alteration, or destruction by any unauthorized party. We limit access to personally identifiable information to those who have a business need. We keep personally identifiable information only for a reasonably needed amount of time. When We provide a User’s personally identifiable information to our third party service providers, We require those companies to protect the information and not use the information for any other purpose. When We collect or transmit sensitive information, such as a credit card number, We use industry standard methods to protect that information.
A User’s personally identifiable information may be transferred to, stored, and processed in a country other than the one in which it was provided. This may include the United States. When We do so, We transfer the information in compliance with applicable data protection laws. We take steps to protect personally identifiable information no matter what country it is stored in or transferred to.
Children’s Online Privacy
We care about the privacy of children and recognize that children’s use of the internet and email raise special concerns regarding privacy and security of information.
It is our intention to adhere to the Children’s Online Privacy Protection Act and its rules on collecting personally identifiable information from minors. We remind and encourage all parents to check and monitor their children’s online activities.
We do not intend to collect personally identifiable information from children under the age of 13 online, and if We determine that a child under 13 has provided personally identifiable information, We will delete that information.
Parents have the right to review and have deleted any personally identifiable information We have collected from their children, and refuse to permit further collection of that information.
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information We collect from Users. If a User discloses information to others, including third party websites, different rules may apply to their use or disclosure of the information disclosed to them. We does not control the privacy policies of third parties, and the User is subject to the privacy policies of those third parties where applicable. We encourage each User to ask questions before disclosing personal information to others.