StayClassy Productions, Inc. (referred to throughout as "us," "we," "our," etc.) is the owner and operator of the www.stayclassy.org website, an online fundraising platform for nonprofit organizations. These Terms of Service apply to the www.stayclassy.org website, any subdomains thereof, any API integrations or widgets we offer, and any other website or webpages we own or operate that include a link to this statement (together collectively referred to as the "Website"). Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person " you," "your," etc.) agrees to be contractually bound by these Terms of Service (the "Terms").
Your use of the Website, or any of the services or features accessible therein, constitutes your acceptance of the Terms. If you do not wish to use the Website in accordance with the Terms, then you should immediately discontinue using the Website. Your sole remedy for dissatisfaction with the Website or any features or services offered therein is to stop using the Website or those features or services.
Updates to the Terms
We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.
The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.
You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.
If you are a nonprofit using the Website, any data you collect from persons you transact with through the Website will belong to you, subject to a nonexclusive, irrevocable, worldwide, royalty-free license that you hereby grant to us to use this data in order to administer your account and provide the features and services contemplated by the Website.You further agree that we may use this information to aggregate non-personally identifiable statistical information concerning the usage of our Website and the nonprofit fundraising industry, which such statistical information we may use in any manner we see fit.
By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable(through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.
General User Warranties
By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:
You have the authority to enter into this agreement.
Your decision to enter into this agreement and your use of the Website will not violate any applicable law, regulation, or ordinance.
Your decision to enter into this agreement and your use of the Website will not infringe the rights of any third parties.
You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website.
You will never use the Website, or any services we provide to you, in a manner that violates the law or the legal rights of a third party.
You are at least 13 years of age if you are using the Website as an individual.
You are at least 18 years of age if you are using the Website as a nonprofit.
If you are a nonprofit using the Website, you represent, warrant, and irrevocably covenant (i) that these Terms have been agreed to and accepted by a person with the authority to bind your organization and (ii) that you are a legitimate nonprofit entity organized under the laws of one of the fifty states of the United States of America.
If you are a nonprofit using the Website to raise money, you appoint us as your agent for the limited purpose of collecting and periodically remitting the money you raise through the Website to you; we accept this appointment. The scope of this agency relationship is expressly limited to the collection and remittance of the money you raise through the Website. All other matters contemplated by these Terms are binding only as a result of the contractual nature of the Terms.
We will hold the money you raise through the Website in an account kept separate from our general business funds. You will remain equitable titleholder to the funds we collect on your behalf. We will remit funds collected on your behalf, less our fees, on the first and sixteenth of each month. Payments are offset by one payment cycle (to allow for refunds or chargebacks) as follows:
You will be able to access reports from your account on the Website which detail each contribution you've received through the Website, the fee applicable to that transaction, and any chargebacks which have been initiated against you. You will also be able to view an "Account Statement" which summarizes the amount you are scheduled to receive from us for a given payment period and what fees apply for that payment period. You will be able to export these reports in various common file formats.
You must create a PayPal account in order to raise money through the Website. We will only transfer money to your PayPal account. If you have not already established such an account, you agree to create one.
You agree to bear sole responsibility for any chargebacks, refunds, or reversals which may occur as a result of your use of the Website. You agree that we have the authority to issue refunds and settle chargebacks on your behalf using the funds we are holding for you. Chargeback disputes resolved in favor of the initiating cardholder will result in a fee of $20 (on top of the returned funds), which you will be responsible for. We reserve the right to require that you maintain a reserve balance in your account to protect against chargebacks, reversals, refunds, and fees. If we require a reserve balance, we will reasonably determine the amount and duration of the reserve balance. If at any time your account has insufficient funds to cover the liabilities you have incurred, then you agree to promptly pay us by other means.
We will not solicit on your behalf nor will we act as a professional fundraising consultant to you. Nothing contained in these Terms shall be construed to create such a relationship.
Fees and Subscriptions
We charge a transaction fee for each donation or ticket sale that is made through the Website. The size of the transaction fee may vary depending upon whether or not the nonprofit benefitting from the transaction has purchased a subscription plan to the Website. The pricing for subscription plans, including applicable transaction fees, may be viewed by clicking here. If you purchase a subscription plan or upgrade, you agree to be bound by the Subscriptions Agreement, which supplements these Terms and may be viewed in full by clicking here.
The "Default Transaction Fee" (without purchase of a subscription) is:
· A static fee of $0.50 for each donation or individual ticket/registration sale of $5.00 or less
· A 6.2% + $0.30 fee for each donation or individual ticket/registration sale of more than $5.00
· Transactions made with an American Express card are charged an additional 1%
· International transactions are charged an additional 1%
Transaction fees include all underlying credit card processing fees. For ticket or registration purchases, the transaction fee is applied to each individual ticket or registration even if several tickets or registrations are purchased as part of the same order.
Supporter Hosted Events
As part of the Website, we offer a third party events product that allows a nonprofit's supporters to create and sell tickets to events designed to support that nonprofit (the "Third Party Events Product"). If you are a nonprofit, you can purchase a subscription to use the Third Party Events Product. If you are a supporter of a nonprofit that has purchased such a subscription, you may have the option to host an event for that nonprofit using the Third Party Events Product (such event a "Third Party Event").
Each nonprofit that uses the Third Party Events Product and each supporter that hosts a Third Party Event accepts joint and several liability for any chargebacks, chargeback fees, invalidated transactions, or refunds arising out of the Third Party Event. You accept such joint and several liability. You agree that we have the authority to settle any chargebacks, reversals, fees, or refunds out of the money we are holding on your behalf. If at any time your account has insufficient funds to cover the liabilities you have incurred, then you agree to promptly pay us by other means.
In order to safeguard against the risk of chargebacks and refunds from Third Party Events, we will not pay the proceeds of a Third Party Event to either the event host or the benefitting nonprofit until the next scheduled payment date (1st or 16th of the month) following the completion of the Third Party Event. If we reasonably determine that there is a need to do so, we may hold proceeds (in whole or in part) from a Third Party Event, for up to ninety days after the completion of that event. If you are a nonprofit using the Third Party Events Product, we may also, in our sole discretion, require that you maintain a certain reserve balance in your account to protect against the aforementioned liabilities. The amount and duration of such reserve balance, if we require it, will be reasonably determined by us.
This Website is not intended for use by nonprofit organizations organized under the laws of countries other than those of the United States of America.
You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department's list of Specially Designated Nationals.
If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States.
You agree to abide by our Copyright Policy, which you may read in full by clicking here.
You agree to abide by our Standards of Conduct, which are material terms of your use of the Website. You may view our Standards of Conduct in full by clicking here.
Availability of Services
As the provider of the Website, we reserve the right to discontinue (i) the Website, in whole or in part, (ii) any features or services provided by or through the Website, or (iii) your account with the Website, for any or no reason, without notice to you.
Waiver of Warranties
We disclaim all warranties, express or implied, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranty about the safety or security of the Website and you accept all risk related to technological threats. We make no warranties about the authenticity of nonprofits reachable through the Website, the potential tax deductibility of any transactions you make through the Website, the parties that may choose to advertise events through the Website (including such parties' ability to complete a given transaction), or the administration, quality, legality, or safety of events advertised through the Website. We make no warranties concerning continuity of service; interruptions of indeterminable length may occur for any number of reasons and you assume all risk attendant with such interruptions. We only offer the Website and the features and services contained therein "AS IS" and "WITH ALL FAULTS."
You understand that we cannot control or monitor the behavior of the many third parties using the Website. As such, you hereby release us, our successors and assigns, our affiliates, and each of the foregoing's respective directors, officers, employees, and agents (collectively, the "Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, attending, or authorizing an event posted on the Website, or (ii) the acts or omissions of third parties (collectively, the "Released Claims"). This release will apply even if one or more of the Released Claims is caused by, or contributed to by, the negligence of one or more of the Releasees.
In furtherance of the forgoing, you waive your rights under California Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Limitation of Liability
We will not be liable to you for special, consequential, indirect, or incidental damages (including lost revenues or profits), on any legal theory, even if we have been advised of the likelihood thereof. Our aggregate liability arising out of these Terms and your use of the Website or the features and services provided therein, on any legal theory, will not exceed the greater of (i) $100 dollars or (ii) the amount you have paid us in the past twelve months. Applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney's fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms.
These Terms will be governed by and construed in accordance with the laws of the State of California, as such laws are applied to agreements made between California residents and performed entirely within the State of California, and without regard to conflicts of laws principles.
The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Website will be the state and federal courts located in San Diego, County California. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.
These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.
These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.
Notwithstanding the foregoing, if we have given you pricing different than the pricing recited in the section above titled "Fees and Subscriptions," then this fact shall not be construed as modifying or displacing these Terms, except for the limited modification of the directly affected pricing terms (e.g. the numbers we have agreed to change). In such a circumstance, you agree that you remain fully bound by these Terms of Service and that these Terms together with the modified pricing we have agreed to constitute the entire agreement between us. Any other modification to these Terms must be made in writing and signed by us.
If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waver of any other breach, or any succeeding breach.
The provisions of the sections of these Terms titled "Intellectual Property," "Waiver of Warranties," "Release," "Limitation of Liability," "Indemnification," and "General" will survive termination.
The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.
If a dispute arises out of these Terms or your use of the Website that we cannot resolve privately, then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney's fees) incurred as a result of that litigation.