ViewSpark, Inc. provides its services (described below) to you through its website and mobile applications (the “Platform”) and related services (collectively, such services, including any 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”). For purposes of the following Terms of Service, “ViewSpark,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. Certain portions of these Terms of Service apply specifically to Donors, Charitable Organizations, or Charitable Organization Representatives.
Finally, we encourage you, particularly if you intend to donate to a Campaign (as defined below), to review the “Fees” section of these Terms of Service.
Organization Representatives”) to conduct fundraising campaigns (each, a “Campaign”) by communicating with donors regarding their Charitable Organizations’ charitable work on the Platform to encourage monetary donations (“Donations”) from those registered users wishing to contribute funds to the Charitable Organization (“Donors”). A percentage of each Donation will be charged as fees for our Services. Please see our ”Fees” section for details.
Charitable Giving: Any donation made through the Platform will be subject to a Services fee as described in the “Fees” section. You understand and acknowledge, however, that ViewSpark is not a charity. You acknowledge that contributions to Charitable Organizations may not be deductible under your jurisdiction’s 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. ViewSpark facilitates the Donation transaction between Charitable Organization Representatives and Donors, but is not a party to any agreement between a Charitable Organization Representative and a Donor, or between any user and a Charitable Organization. ViewSpark is not a broker, agent, financial institution, creditor or insurer for any user. ViewSpark has no control over the conduct of, or any information provided by, a Charitable Organization Representative or a Charitable Organization, and ViewSpark hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
ViewSpark does not guarantee that a Campaign or Charitable Organization will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Charitable Organization Representative, or Charitable Organization, 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, Charitable Organization Representative, or Charitable Organization.
We do not and cannot verify the information that Charitable Organization Representatives supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Charitable Organization Representative or Charitable Organization. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Charitable Organization Representative or Charitable Organization, as applicable.
your Campaign, and with law enforcement or to assist in any investigation.
payable by you. You understand that you are instructing payment processor to provide ViewSpark with access to your data and setting in payment processor’s systems, which are used by payment processor to provide the services and authorize us to manage these on your behalf.
and (b) ensure that you sign out from your account at the end of each session when accessing the Services. ViewSpark will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: ViewSpark 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, ViewSpark will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
that ViewSpark has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You further acknowledge that ViewSpark 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 subscribing, you consent to receive text messages including updates and notifications regarding the particular non-profit to which you subscribed. By using the Mobile Services, you agree that we may communicate with you regarding ViewSpark 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 ViewSpark account information to ensure that your messages are not sent to the person that acquires your old number. How can your guest opt-in to your campaign? A guest will be asked to opt-in by sending a text message to the identified keyword such as “RESCUE”; or “CHARITY”; or they will have made a gift to the charity and provided their cell phone number for contact in the process.
How your user can opt-out to your campaign? Send text message “STOP”; to 52855.
How to get more information regarding Viewspark? Send text message “HELP”; to 52855.
No Financial activity will take place over the shortcode.
(16) credit repair or debt settlement services.
Donations: In order to contribute to a Campaign or to a Charitable Organization, a Donor will be required to provide ViewSpark information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to ViewSpark that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless ViewSpark, in its sole discretion, agrees to issue a refund. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize ViewSpark to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments, which can be done at any time through the Platform.
change its Fees, ViewSpark will provide advance notice of the change on the Platform or in email to you, at ViewSpark’s option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. All Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable.
otherwise be in conflict with, the App Store Terms of Service.
control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
with respect to the Apple-Enabled Software.
jurisdiction from which you would be barred from using the Services by applicable law.
you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that ViewSpark enters into this clause (“Apple- Enabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits and remedies shall be enforceable by ViewSpark in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. ViewSpark may amend, terminate or rescind these Terms of Service without the consent of Apple or any such subsidiary.
agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of ViewSpark, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ViewSpark.
The ViewSpark name and logos are trademarks and service marks of ViewSpark (collectively the “ViewSpark Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to ViewSpark. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ViewSpark Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of ViewSpark Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will ViewSpark be liable in any way for any content or materials of any third parties (including users and Charitable Organization Representatives), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ViewSpark does not pre-screen content, but that ViewSpark and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, ViewSpark and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ViewSpark, in its sole discretion, to be otherwise objectionable.
otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless ViewSpark and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of ViewSpark in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or ViewSpark’s exploitation thereof), and that the sole consideration for the subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that ViewSpark may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ViewSpark, its users or the public.
If a counter-notice is received by the Copyright Agent, ViewSpark will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, ViewSpark has adopted a policy of terminating, in appropriate circumstances and at ViewSpark’s sole discretion, users who are deemed to be repeat infringers. ViewSpark may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
loss or claim that you may have against any such third party.
You agree to release, indemnify on demand and hold ViewSpark and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
SERVICE WILL MEET YOUR EXPECTATIONS.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing ViewSpark support at info@viewspark.org. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if ViewSpark has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or mediation. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. The payment of attorneys’ fees will be governed by JAMS (as defined below) rules or the rules of the local governing arbitration body in the case JAMS rules are not available. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
arbitration provision shall survive termination of these Terms of Service.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND VIEWSPARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ViewSpark agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
of the local governing arbitration body shall apply instead.
effected without prior notice, and acknowledge and agree that ViewSpark may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that ViewSpark will not be liable to you or any third party for any termination of your access to the Services.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and ViewSpark will have no liability or responsibility with respect thereto. ViewSpark reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
Please contact us at info@viewspark.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.