Terms of Service

Introduction

The following Terms of Service (these "Terms of Service") govern your (hereafter you, your) use of the products and services available at the website located at the URL https://www.forourschool.org/ (the "Site"), which was created, and is controlled and operated by On The Vine Media, LLC. ("Company"). As further described below, the Site provides a platform used by schools and the parents and guardians of students that attend those school to facilitate a fundraising program to the benefit of those schools.

By accessing this Site or using any part of the Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access the Site or use the Service. Your right to use the Site and the Service is expressly conditioned upon your assent to these Terms of Service, to the exclusion of all other terms.

Modifications of Terms of Service

Company reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. You should come back and review these Terms of Service from time to time, as you are solely responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you, even if you have previously registered to use the Service on your website, and do not return to the Site on an ongoing basis, following this notification, constitutes your acceptance of the Terms of Service as modified. We will alert you about any changes by updating the "Last Updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change.

User Accounts

You may become a user of the Service by doing one or more of the following:

Registering for an administrator account to manage a fundraiser ("Administrator"),
Registering for a parent or guardian account to create and manage student profiles ("Parent"). Student profiles are used by or on behalf of the students participating in the fundraiser ("Student"). If a Student is under 13 years of age, all interactions with the Service can and should be performed directly by the Parent.
Submitting a donation or comment in support of a Student through Student's donation page ("Sponsor")

Administrator, Parent, Student, or Sponsor accounts are collectively referred to as "Users".

User Activities and Content

You are fully responsible for any content you post as a User. You agree by becoming a User that you will not:

Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the Site.
Use your account for any illegal purposes.
Provide information that is not complete and accurate.
Company has the right to, though will not be obligated to, in Company's sole discretion, to remove any content or block any individual or entity for any reason.

Company does not and can not review all the material posted to the Company system.

By visiting Company you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user.

By visiting Company you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.

Users may not use the Service for activities that violate any law, statute, ordinance or regulation, post items that are considered obscene or that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, post any sexually oriented materials or services, or show the personal information of third parties in violation of applicable law.

No Solicitations

Company does not engage in any solicitation activities; such activities are carried out by Users on their own initiative. If you have any concerns that a law is being violated by Users, please report it to us immediately and we will work to address your concern. See the "Contact" section below.

Legal Representations

As a condition of using our service, you represent to us that:

If residing in the US, if you are a person who is not a non-profit organization or charity as defined by the Internal Revenue Service then donations made to your organization are not tax deductible.
The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;
You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.

Term and Termination

These Terms of Service shall continue until terminated as set forth in this Section. Company, in its sole discretion, may terminate or suspend User accounts at any time for any reason or for no reason at all, without prior notice or liability to you. Upon termination of your account, your right to use the Service will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Warranty Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.

WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future

Liability Limitation

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL COMPANY OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICE, AND THE DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY'S AGENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST COMPANY IS TO DISCONTINUE USE OF THE SERVICE.

Indemnity

You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, customers and vendors, and their respective officers, directors and employees from any liability, damage, cost or fees (including reasonable attorneys' fees) arising from: (i) any claim or demand made by any third party due to or arising out of your access to the Site; (ii) your use of the Service and violation of the Terms of Service by you; (iii) or the infringement by you, or any third party using your Company account, of any intellectual property or other right of any person or entity; provided, however, that you have not sought to remedy such infringement by using Company's copyright policy below.

Miscellaneous

These Terms of Service constitute the entire agreement between you and Company pertaining to the subject matter hereof, and supersede any and all written or oral agreements with respect to such subject matter. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Company in any respect whatsoever. These Terms of Service, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under New York law as such law applies to agreements between New York residents entered into and to be performed within New York by two residents thereof and without reference to its conflict of laws principles or the United Nations Conventions for the International Sale of Goods. Except to the extent otherwise determined by Company, any action or proceeding arising from or relating to this Agreement must be brought in a federal court in the Southern District of New York or in state court in New York County, New York, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys' fees. These Terms of Service may be amended only by a writing executed by Company. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Company to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and shall not limit Company's rights with respect to such breach or any subsequent breaches. These Terms of Service are personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without Company's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Company expressly reserves the right to assign these Terms of Service and to delegate any of its obligations hereunder.

Trademarks

Company, and other Company marks, graphics, logos, designs, page headers, button icons, scripts, and service names comprise registered and unregistered trademarks, service marks and trade dress of Company in the U.S. and/or other countries (the "Company Marks"). Other trademarks, service marks and trade names used on the Service are the property of their respective owners. Without Company's prior written authorization, you agree not to display or use in any manner the Company Marks; however, a Publisher may blog about its use of the Service at any time without such authorization, so long as Publisher sends the blog post to Company prior to or concurrent with publishing thereof.

Copyright Complaints

We respect the intellectual property rights of others and require that those who use the Service do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Company's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below:

A physical signature of the person authorized to act on behalf of the owner of the copyright; description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Service; Your address, telephone number, and email address; 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; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact

Last Updated

January 24, 2023