Terms of Use for Purchasers
- date of last revision May 1, 2019By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on beyondthecourt.us for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Beyond the Court, and/or it’s parent company iBuddy Club, at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Beyondthecourt.us are provided "as is". Beyond the Court and parent company iBuddyClub, Inc. make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Beyond the Court does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Beyond the Court, iBuddyClub, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Beyondthecourt.us, even if Beyond the Court or a Beyond the Court authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on BeyondtheCourt.us could include technical, typographical, or photographic errors. BeyondtheCourt.us does not warrant that any of the materials on its web site are accurate, complete, or current. BeyondtheCourt.us may make changes to the materials contained on its web site at any time without notice. BeyondtheCourt.us does not, however, make any commitment to update the materials.
Links
Beyond the Court has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BeyondtheCourt of the site. Use of any such linked web site is at the user's own risk.
Site Terms of Use Modifications
Beyond the Court and/or iBuddyClub, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to BeyondtheCourt.us shall be governed by the laws of the State of South Dakota without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
Terms of Use for Participants
- date of Last Revision: May 1, 2019iBuddy Club, Inc. provides its services (described below) to you and Beyond the Court powered by iBC, through its website and mobile applications (the "Platform") and related services (collectively, such services, including any private label, new features and applications, and the Platform, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). If you are a campaign organizer (as defined below) based in the United States, you will be contracting with iBuddy Club, Inc. We do not do business outside of the USA at this date. For purposes of the following Terms of Service, “iBC,” “we,” “us,” “our,” “powered by iBC” and other similar terms, shall refer to the party with whom you are contracting. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. We will also endeavor to notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, iBC may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing Dispute Resolution by Binding Arbitration shall be made as specified therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located at: https://www.ibuddyclub.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, that such other terms may be modified in accordance with their terms and, with respect to the use of the Services, these Terms of Service will take precedence in the event of conflict).
Finally, we encourage you, particularly if you intend to donate to an iBC or powered by iBC campaign, to review the Fees section of these Terms of Service.
ACCESS AND USE OF THE SERVICES
Services Description: The Services are offered as a platform to users of the Services, which may include Campaign Organizers, Individuals and Donors (each defined herein) and other registered users of the Services (which may include users who simply "like" Campaigns or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a "Campaign Organizer") to post and solicit a fundraising campaign ("Campaign") to the Platform to send a savings app and accept monetary donations ("Donations") from those registered users wishing to contribute funds to the App and contribute to the the Campaign ("Donors"). For purposes hereof, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services. Please see our Fees section for details.
Charitable Giving: Campaigns are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above, iBC permits Donors to contribute directly to certain charitable organizations ("Charities") through the Extra Donation and Plu$1 Platform. Any donation you make to a Charity through the Platform will be subject to a Services fee as. You understand and acknowledge, however, that iBuddy Club, Inc. is not a charity. If you or your charity would like to register to be listed as a charitable organization on the Platform, please contact us at support@iBuddyClub.com and we can help facilitate that process. As used in this Agreement, the term "Campaign" does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible under your jurisdictions, applicable tax laws and regulations.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable
Institution: The Services are an administrative platform only. iBC facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. iBC is not a broker, agent, financial institution, creditor or insurer for any user. iBC has no control over the conduct of, or any information provided by, a Campaign Organizer or a Charity, and iBC hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
iBC does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity.
We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer or Charity is not raising or using the funds for their stated purpose, please contact us on the Campaign or Charity to alert our team of this potential issue and we will investigate.
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize iBC, and iBC reserves the right to, provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
Your Registration Obligations: You may be required to register with iBC in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Campaign Organizers must register using their true identities, including their name and any image or video purporting to depict the Campaign Organizer. Registration data and certain other information about you are governed by our Privacy Policy. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with (and agree to the terms of) third-party service providers (e.g., payment processors or charitable donation processors) in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services). Where such information consists of Personal Data (as defined in the Privacy Policy), it will only be shared in accordance with the Privacy Policy.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify iBC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. iBC will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: iBC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, iBC will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
Public Display of Donations: As a Donor, you have the option to publicly display your Donation for all to see in The With Gratitude Section, including on search engines (like Google and Yahoo). To keep the details of your Donation private, simply click the "Private" checkbox during the Donation process.
General Practices Regarding Use and Storage: You acknowledge that iBC may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on iBC's servers on your behalf. You agree that iBC has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that iBC reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that iBC will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that iBC reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding iBC and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your iBC account information to ensure that your messages are not sent to the person that acquires your old number.
CONDITIONS OF USE
User Conduct: You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by iBC. However, this list is not exhaustive and iBC reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in iBC s sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when iBC reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
A. establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:| 1. | any activity that violates any law or governmental regulation; |
| 2. | content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not); |
| 3. | illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia; |
| 4. | knives, explosives, ammunition, firearms, or other weaponry or accessories; |
| 5. | annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies; |
| 6. | gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes; |
| 7. | the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases; |
| 8. | activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority; |
| 9. | ransom, human trafficking or exploitation; |
| 10. | pornography or other sexual content; |
| 11. | offensive, graphic, perverse or sensitive content; |
| 12. | the defense or support of anyone alleged to be involved in criminal activity; |
| 13. | offering monetary rewards, including gift cards; |
| 14. | transactions for the sale of items before the seller has control or possession of the item; |
| 15. | collection of payments on behalf of merchants by payment processors or otherwise; or |
| 16. | credit repair or debt settlement services. |
B. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of iBC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose iBC or its users to any harm or liability of any type; or
C. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
D. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.