Gladitood Terms of Use

Gladitood, LLC (“Gladitood”) reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. BY USING OR OTHERWISE ACCESSING THE WEBSITE, POSTING OR DOWNLOADING CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE, YOU MAY NOT USE OR OTHERWISE ACCESS THE Website, POST OR DOWNLOAD CONTENT, OR ANY OTHER INFORMATION TO OR FROM General.

Terms of Use and Restrictions on Use

Gladitood hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website, subject to the Terms. All rights not otherwise expressly granted by these Terms are reserved by Gladitood. Except as otherwise expressly permitted by Gladitood, you agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Website. You may not obscure or remove any proprietary rights notices contained in or on the Content. Gladitood may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available or restrict the amount of use permitted at Gladitood's sole discretion and without prior notice or liability. You further agree that such measures shall be taken in Gladitood’s sole discretion and without liability to you or any third party.

Unless otherwise specifically noted in these Terms or on the Website, images, trademarks, service marks, logos and icons displayed on the Website are the property of Gladitood and/or its licensors or third party affiliates, and may not be used without Gladitood's prior written consent. Any unauthorized use of any Content, whether owned by Gladitood or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Website or any part thereof or grant any other person or entity the right or access to do so.

You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Gladitood or third parties (collectively, "Content") 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. Content posted by users via the Website ("User Content") is the intellectual property of the specific users of the Website who post such User Content. By posting or delivering User Content, you hereby grant to Gladitood a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.

Gladitood does not generally monitor or otherwise remove User Content after it is posted on the Website except as required or permitted by law or otherwise in the sole discretion of Gladitood, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use. Gladitood does not make any warranties or representations regarding any of the User Content. Gladitood does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. Gladitood is not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.

As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources, and the presentation of third-party links or content by Gladitood is not intended to be an endorsement, sponsorship or recommendation by Gladitood. Please be aware that when you exit the Website, you are subject to the policies of the new Website. You further acknowledge and agree that Gladitood shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party Website or resource.

1. Summary of Services

Gladitood is an online venue where individuals and organizations can access web space to raise money for campaigns with a charitable focus. Gladitood allows organizations the opportunity to utilize web space to create campaigns and allows users to search through different campaigns and directly contribute funds to the campaigns of their choosing.

2. Acceptance of Terms

2.1. Definitions

In these Terms, people and entities raising funds are referred to as “Campaign Managers” and to their fundraising campaigns as “Campaigns.” Those contributing funds to Campaigns are “Contributors” and the funds contributed are “Contributions.” Collectively, Campaign Managers, Contributors, and other visitors are referred to collectively as “Users.” Users also includes anyone that has created an account on Gladitood.com (the “Website”) and anyone that contributes to a Campaign through the website. The “Service” includes use of the Website.

2.2. Overview

These terms of use govern your use of Gladitood.com (the “Website”) and the services associated with the Website. By using the Website, you agree to be bound by these Terms, all applicable laws, and all conditions referenced here (collectively, the “Terms”). Please read these Terms of Use to ensure you understand the meaning of them. Gladitood may amend these Terms at any time by posting a revised version of the Terms on the Website. Accessing and using the website after the Terms have been modified constitutes acceptance of the modified Terms.

2.3. Gladitood is an Internet Forum

Gladitood is an online crowdfunding forum for people and entities that desire to raise funds for their Campaigns and for Contributors to give funds directly to various Campaigns. Gladitood makes no representation or warranty regarding the quality, safety, morality, or legality of any Campaign, Perk, or Contribution or the truth or accuracy of content posted on the Website.

2.4. General Account and Community Obligations

Gladitood requires the following when registering an account with the Website:

  1. All information provided to Gladitood is true, accurate, and complete. Gladitood is an online venue that operates in a communal setting. Accurate information about Campaign Managers and Contributors is essential to maintain that setting. Accordingly, all information must be updated to reflect true and

  2. The Service and Website must be used by Campaign Managers and Contributors in a manner that complies with all applicable laws, regulations, ordinances, directives, court orders, and these Terms. The Service and Website shall not be used in a manner to damager, disable, overburden, or impair with anyone’s separate legal right or use of enjoyment of the Services.

  3. Campaign Managers and Contributors must have a legal right to utilize the Content placed on the Website. Gladitood may not be used to facilitate the infringement upon the intellectual property rights of others. “Content” means the content used by Campaign Managers to create and manage a campaign. “Intellectual Property Rights” means all worldwide rights in patents, trademarks, service marks, copyrights, trade secrets, publicity, goodwill, and all other intellectual property rights as may now exist or hereafter come into existence, and all derivatives, applications and registrations, renewals, and extensions.

  4. Posting guidelines: Gladitood does not allow Campaigns that promote violence, hatred towards individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender. Gladitood does not allow Campaigns that are sexually explicit. Gladitood does not allow spam in the comments for Campaigns related to offers for sale of goods or services. Gladitood does not allow any activity that interferes with the functionality of the Website. Gladitood does not allow Campaigns that would cause an unreasonable burden on the infrastructure and capabilities of Gladitood or the Website.

3. Campaign Managers

3.1. Eligibility to Use the Service

You are eligible to use the Service if you are 18 years of age or older. You may also use the Service if you are between the ages of 13 years of age and 17 years of age so long as you have the consent and supervision of a parent or legal guardian who is at least 18 years of age, provided that the parent or legal guardian agrees to be bound by the Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the service for any reason and we have not granted authorization in writing to resume using the Service. Gladitood reserves the right to refuse use of the Service to anyone and to deny, cancel, suspend, or remove a Campaign at any time for any reason without liability.

3.2. Prohibited Campaigns

Campaign Managers are not allowed to create a Campaign for the purpose of raising funds for illegal activities, to cause injury to people or property, or to commit fraud on Users. Campaign Managers must comply with all applicable laws and regulations in carrying out your Campaign and utilizing the Contributions raised through the Campaign.

3.2. Creating a Campaign

Campaigns are created by a Campaign Manager registering as a User of the Service. Once registered as a User, Campaign Managers must create a Campaign profile page before publishing a Campaign. The Campaign profile page contains information related to the Campaign including, but not limited to, the purpose of the Campaign, a description of the how the funds will be used, information related to the tax exempt status of the Campaign Manager, and description as to why people should contribute to the campaign. If the Campaign Managers is an entity, the User must be an authorized representative of that entity with the proper authority to bind the entity to these Terms of Use. The Campaign Manager is solely responsible for ensuring that all Contributions are distributed properly and legally to the Beneficiary (defined below) and that all Contributions are used only as described in the Campaign and Gladitood has no responsibility with respect to the same.

3.3. Collecting Funds for the Campaign

Campaign Managers can collect Contributions in any lawful manner. Contributions can have a required minimum amount or have a total amount desired to be collected. Regardless, the funds collected will not be processed until your “Campaign Goal” is reached. “Campaign Goal” is the amount of money needed to fund the Campaign’s charitable activity.

3.4. Designate a Beneficiary

The Campaign Manager will be required to designate the person or legal entity to which the funds will be directed (the “Beneficiary”). If your Campaign’s Beneficiary is an entity with current nonprofit status under the Internal Revenue Service (such as a 501(c)(3)), please provide the name of the Beneficiary, its status, and its Federal Tax Identification Number. Campaign Managers are responsible for providing information related to the tax exempt status of the Beneficiary receiving Contributions. Contributors should also investigate the business and operations of any entity to which they are considering making a donation. Gladitood reserves the right to NOT verify the exempt status of raising funds. Contributors may verify the exempt status of the Beneficiary through GuideStar.org. Any Contribution made to an exempt organization through the Website is final and non-refundable. Gladitood will provide Contributors with a record acknowledging their donation after the Campaign reaches its Campaign Goal. This record will include the name of the Beneficiary, and Contributors may use this record to reference and document their Contribution. Gladitood does not warrant the tax status of any exempt organization that is a Beneficiary receiving Contributions and/or utilizing the Website.

3.5 Beneficiary Acknowledgements and Promises

Gladitood is not liable or responsible for:

  1. Any Campaign that does not attain its Campaign Goal, regardless of the reason for failure to reach the Campaign Goal.

  2. In cases in which the Campaign reaches the Campaign Goal, any refunds or any errors or omissions of the Contributions reaching the accounts of the Beneficiary.

  3. The Content posted by the Campaign Manager on behalf of the Beneficiary.

The Beneficiary has a sole and exclusive remedy for any and all resulting claims related to the Campaign against the Campaign Manager.

3.6. Fees, Payments, and Taxes

By initiating a Campaign through the Website, the Campaign Managers agrees to a processing fee for the privilege of utilizing the Website. The processing fee is equal to a percentage of each Contribution given to a Campaign. The processing fee will only be paid to Gladitood in the case that a Campaign reaches its Campaign Goal. The Contributions will be processed through PayPal, a third-party payor, to the Campaign Manager. The Campaign Manager has the sole responsibility of ensuring the Contributions are paid to the accounts of the Beneficiary. Gladitood will not take custody of any Contributions at any point in time. Gladitood is not responsible for any applicable taxes for Campaigns or Contributions, as applicable. Service Fees are non-refundable.

Gladitood's Privacy Policy

Gladitood collects, stores and uses data collected from you in accordance with Gladitood's Privacy Policy, located at . The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Gladitood may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the Gladitood may transfer information collected from users in connection with a You hereby represent and warrant to Gladitood that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Gladitood is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Website or any part thereof. For any User Content that you post via the Website, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant Gladitood the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties' rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.

Prohibited Uses

You agree not to: (a) use of the Website to post material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another's privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Website to post content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website or any other computer network; (d) use of the Website to post viruses, trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) reverse engineer, disassemble or decompile, or otherwise reverse engineer or attempt to reverse engineer or derive code from any information accessible through the Website (including, without limitation, data packets transmitted to and from the Website over the Internet), or analyze, decipher, "sniff," derive code from, or attempt to analyze, decipher, "sniff," or derive code from any packet stream transmitted to or from the Website, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, (f) use of the Website to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; or (g) use of the Website to engage in any activity that, as determined by Gladitood, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

EXCLUSION OF WARRANTIES / DISCLAIMER

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE OR THE SERVICE, AND ANY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. ALTHOUGH GLADITOOD USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE WEBSITE AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, GLADITOOD GIVES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE OR THE SERVICE AND/OR CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, GLADITOOD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF ANY GLADITOOD CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICE OR CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE WEBSITE OR THE SERVICE OR CONTENT WILL MEET YOUR EXPECTATIONS. GLADITOOD EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE WEBSITE, THE SERVICE OR CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.

ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLADITOOD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GLADITOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY RELATIONSHIP OR EXPERIENCE YOU HAVE THAT IS NOT ON THE WEBSITE REGARDLESS OF WHETHER SUCH RELATIONSHIP OR EXPERIENCE ORIGINATED ON THE WEBSITE (“OFFSITE EXPERIENCE”), OR (IV) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE. IN NO EVENT SHALL GLADITOOD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Release / Indemnification

You agree to release Gladitood, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Website, and the Service, and Offsite Experience. If at any time you are not happy with the Website or the Service or object to any material within the Website or the Service, your sole remedy is to cease using them.

You agree to defend, indemnify and hold harmless Gladitood, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) any User Content you post via the Website, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of Gladitood or third parties by you, or (e) any negligence or willful misconduct by you, or (f) any Offsite Experience.

Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of Missouri, without regard to its conflicts or choice of laws principles.The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Gladitood which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Gladitood has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Gladitood may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.

Copyright and Copyright Notices

Gladitood respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gladitood's Copyright Agent the following information:

Please contact Gladitood's Copyright Agent for Notice of Claims of copyright infringement at: admin@gladitood.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.

Changes to our Policies

Our Terms is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at admin@gladitood.com. Any changes in Gladitood's policies will be communicated on this page.

This Website is operated by Gladitood. All inquiries may be directed to:

Gladitood, LLC

Email: admin@gladitood.com