Date of Last Revision: December 20, 2017.
1. SUMMARY OF SERVICES
The Terms may be change over time. When the Terms are changed, we will publish the amended Terms on the relevant Services. If there are significant changes to the Terms, then we will notify you on the Website or by email. By using the Services after the Terms are changed, you (the “User”) are agreeing to be legally bound to the new Terms. Any changes to the Terms will not apply retroactively.
2. HOW CAMPAIGNS WORK
Commit is the most convenient platform to connect people and payments for group purchases, experiences, and causes. When an event organizer (the “Organizer”) creates a campaign (a “Campaign”) on Commit, the Organizer can invite other people to form a contract with the Organizer. Anyone who joins a Campaign is accepting the Organizer’s offer to form a contract.
Commit is not a part of the contracts between Organizers and people who join their campaigns (“Contributors”). Organizers are further bound by the following terms:
- You will use monies collected by your Campaign (“Contributions”) properly and legally only as the Campaign describes. You agree that if Commit makes a good faith determination that the Campaign information is inaccurate or deceptive in any respect, or that the Campaign Contributions have not been used solely on behalf of the Campaign, you agree to promptly refund up to the entire amount of Campaign Contributions from such request to the Contributors.
- If the Campaign Commits, and you are unable to use Contributions as described in your Campaign for any reason, you will work with your Contributors to reach a mutually satisfactory resolution that may include, without limitation, refunding the Contribution(s).
- You are also solely responsible for complying with all rules, policies, and procedures of the applicable Payment Processor. Information on our Payments Processor can be found here.
- You will respond promptly and truthfully to questions and postings on the Service related to your Campaigns.
The Organizer is solely responsible for fulfilling the promises and obligations made in their campaign. If the Organizer is unable to satisfy the terms of this agreement, the Organizer may be subject to legal action by Contributors.
3. HOW FUNDING WORKS
When a Contributor joins a Campaign, the Contributor is committing to the Campaign.
These are the terms that apply when you are joining a Campaign:
- You are only charged if the Campaign reaches (or exceeds) its fundraising goal, at which point the Campaign will have “Committed”. You will provide your payment information when you commit, but you will not be charged until the Campaign Commits. You will not be charged more than the amount you originally agreed to commit. If the Campaign does not reach its fundraising goal, you will not be charged. If the Campaign does not have a minimum fundraising goal, you will be charged immediately upon committing to the Campaign.
- Commit and its payment partners reserves the right to place a charge or hold on your selected method of payment for any amount up to the full pledge at any time between when you commit and when the Campaign Commits (or otherwise when the funds are collected).
- Once you commit to a Campaign, you cannot back out of the Campaign. In some cases, the Organizer may issue refunds to individual Contributors (or to every Contributor in the Campaign), but that decision is up to the Organizer.
- The Organizer is solely responsible for delivering on the promises of the Campaign. Commit does not hold funds for Organizers, cannot guarantee delivery of the promises in Campaigns, and does not offer refunds.
These are the terms that apply when you are creating a Campaign (or are the Organizer):
- You can refund any Contribution (or anybody who has joined the Campaign) at any time. If you refund all Contributions by a Contributor in the Campaign, you have no further obligations to that Contributor. Upon such full refund, you no longer have an agreement with the refunded Contributor.
- Commit will charge our fees before depositing Campaign proceeds into your account. In some cases, you may not receive a reduced amount of the proceeds when some Contributors cannot be charged or charge attempts fail.
- After you have created the Campaign, you may adjust the Campaign as follows:
- Before any Contributor joins (other than yourself), you may adjust any of the available options of the Campaign in any way you wish.
- After any Contributor joins (other than yourself) but before the Campaign closes/cancels, you may adjust the Campaign in the following ways:
- You may select a funding end date and time that is later than the currently selected date and time. You cannot select a funding end date and time that is earlier than the currently selected date and time.
- You may increase the minimum number of people for the Campaign to Commit. You cannot decrease the minimum number of people required for the Campaign to Commit.
- You may decrease the price per person. If you decrease the price per person, every Contributor will be charged the new price. Contributors who have already been charged the original price will be refunded the difference. You cannot increase the price per person.
- Once a campaign closes/cancels, you will not be able to adjust a campaign.
4. COMMIT ACCOUNTS
You are eligible to access or use our Services only if you are 18 years or older and we have not restricted, suspended, or terminated your access to the Services at any point.
You may create an account by inputting your information, or you may login with services like Facebook Connect, as they are made available by us. In either case, you must follow these Terms:
- Provide us with true, accurate and complete information about yourself, whether by direct input or when you register through methods like Facebook Connect (the "Registration Data").
- Maintain and promptly update the Registration Data to keep it true, accurate current, and complete.
- Use the Services in compliance with all applicable laws, regulations, ordinances, directives, court orders, and these Terms.
- Use the Services in a manner so as not to damage, disable, overburden, or impair the Services, our networks, or systems, and so as not to interfere with any others' legal rights or use or enjoyment of the Services.
- Ensure you own or have a legal right to use the Member Content with the Services so as not infringe upon the Intellectual Property Rights of others. "Member Content"means the content you use to create and manage a campaign, Post, or comment on or contribute to 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 therefore and registrations, renewals, and extensions thereof.
4.2.1. Account, Password and Security
As part of the registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You shall not allow any third party to use your account credentials. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Commit will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. You agree that, in the event of any dispute between two or more parties as to account ownership, Commit will be the sole arbiter of such dispute in its sole discretion and that Commit's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
Commit is not liable or responsible for:
- Any campaign not attaining a goal amount, no matter the reason.
- In the event a campaign Commits, any refunds, including without limitation, for Contributions.
- The failure of a partner payment processor to pay Contributions to the Organizer.
- Any damages or losses related to your use of the Services.
- Your Member Content.
When you use the Services, you release Commit from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the Services. All connect you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party. Your sole and exclusive remedy for any and all claims and causes of action relating to or resulting from a campaign is against the Organizer.
5.1. Nature of Relationship
You agree that we are only acting as a passive conduit for User activities on the Services. This is so even in the event that you receive specific support from us in relation to your actives on the Services.
6. FEES, PAYMENTS, AND TAXES
Commit may charge processing fees to Contributors, Commit fees to Campaign Admins or Beneficiaries, or other charges to Users ("Service Fees.") Commit may adjust the Service Fees at any time, at its sole discretion, provided that any adjustment will only apply to Campaigns created and contributions made after the effective date of the adjustment. You are responsible for paying all Service Fees associated with your use of the Services. If a Campaign does not Commit, there are no Service Fees to the Campaign Admin, the Contributor, or a Beneficiary.
You are solely responsible for any and all applicable taxes for Campaigns or Contributions, whichever applies to you. Service Fees are non-refundable.
7.1. Member Content
"Member Content" means the content you use to create and manage a Campaign, as well as content you post to a Campaign, such as Campaign feedback, comments, questions, and other information you provide. When including and using Member Content on the Services, you must have the legal right to do so, and you must avoid infringing upon the intellectual property rights of others in connection with the Services.
You represent and warrant:
- Your Member Content, when used as contemplated hereunder, will not contain material subject to third party intellectual property rights, including but not limited to copyrights, trademark rights, and patent rights, or rights of privacy or publicity, or material that is subject to any other third-party proprietary rights, unless you have permission from the rightful owner of the materials or you are otherwise legally entitled to post the material and to grant Commit all of the license rights granted in these Terms.
- You will pay all royalties and other amounts owed to any person or entity based on you contributing your Member Content and how it would be used by our Services and contemplated by these Terms.
7.2. Restricted Uses
You must use our Services in a manner that is compliant with all laws, regulations, ordinances, directives, and any government imposed restrictions on your actions. For example, you cannot use our platform in a manner related to the sale of controlled substances, pornographic items, securities, regulated weapons or accessories, or anything else that would be illegal. However, there are plenty of other illegal activities in this world. Please don't use Commit to engage in them.
Also, you may not use the Services in a way that:
- Exploits, harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Sends, knowingly receives, uploads, downloads, uses, or re-uses any material which does not comply with the standards set out in these Terms.
- Transmits, or procures the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- Impersonates or attempts to impersonate Commit, a Commit employee, another user or any other person or entity (including, without limitation, by using email addresses or profile names associated with any of the foregoing).
- Engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Commit or users of the Services or expose them to liability.
- Uses the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services.
- Uses any robot, spider or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services or communications related to it.
- Uses any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose, including but not limited to communications related to it without our prior written consent.
- Uses any device, software, or routine that interferes with the proper working of the Services.
- Introduces any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempts to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Attacks the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Unauthorized uses of other users’ personal information.
- Attempts to take apart or reverse engineer any aspect of Commit in an effort to access any component of Commit including but not limited to source code, underlying ideas, or algorithms.
- Otherwise attempts to interfere with the proper working of the Services.
If you create Campaigns that constitute regulated activity, you are solely responsible for filing all applicable reports or regulatory filings.
7.3. Suspicion of Unauthorized, Fraudulent, and Illegal Uses
If you provide any information that is untrue, inaccurate, out of date, or incomplete, or if you engage or use the Services in an unauthorized, fraudulent or illegal manner, or if Commit has reasonable grounds to suspect any of the preceding is, has or will occur, we have the right to immediately suspend or terminate all of your accounts, including live Campaigns, and refuse any and all of your current or future use of the Services, or any portion thereof. This includes our ability to instruct our Payment Processor to not collect funds from your Campaigns, to release credit card authorizations, or to return funds to Contributors from Campaigns.
8. THIRD PARTY SITES
Commit may contain links to other websites. You access these websites and resources at your own risk. We have no control over such websites and resources, and you acknowledge and agree that Commit is not responsible for their availability on the Services and does not endorse, is not responsible for, and shall not be liable for any damage related to the use of their content, advertising, products, services, or other materials on or available from such websites or resources.
Commit partners with other companies (such as Stripe) for payment processing. When you join or create a campaign, you are also agreeing to the payment processor’s terms of service.
9. INTELLECTUAL PROPERTY
9.1. Licenses You Grant
By posting any Member Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Commit and to all its affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers), transferable right to (and to allow others acting on its behalf to) use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content including, without limitation, your name, voice, and or likeness contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
9.2. Commit Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Commit in connection with the Services (collectively, "Commit Content") is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. These terms grant you no right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Commit Content, or post any Commit Content on any other web site. Any rights not expressly granted herein are reserved.
9.3. Commit Trademarks
The Company name, Commit, the terms Commit, and all related names, logos, product and service names, designs and slogans (collectively the "Marks") are registered or common law service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Commit.
10. COPYRIGHT ISSUES
Commit reserves the right to delete or disable content alleged to be infringing others' copyrights, and to terminate without notice those accounts that are determined by us to be “repeat infringers”.
Copyright owners and their agents may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send your notifications to Commit’s designated copyright agent to email@example.com or
Attn: DMCA Notice
1010 Emerson Street
Evanston, IL 60201
You agree to defend, indemnify, and hold harmless Commit and its affiliates, and each of its and their respective officers, directors, agents, partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including, without limitation, reasonable attorney and accounting fees) resulting from any threated claim, claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise or leading up to such forum), or investigation made by any third party (each a "Claim") due to or arising out of: Member Content; your use of the Services; your Campaign(s); your violation of the rights of another; or your breach of any of these terms and conditions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this Section, in which case you agree to cooperate and assist in Commit’s defense of such matter.
12. SERVICE VARIABILITY
Commit reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services, in whole or in part, for any reason or for no reason, with or without notice. You agree that Commit will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may terminate your access to any or all of the Services, without cause or notice, and, in doing so, may destroy any and all information or content associated with your account.
14. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMMIT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE CONTENT OF THE SERVICES IS ACCURATE, RELIABLE OR CORRECT, (II) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; (III) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, SECURE, OR ERROR-FREE, (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (V) THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMMIT WILL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, PHILANTHROPIC ENDEAVORS, ACTION, OR INACTIONS OF ANY CAMPAIGN ORGANIZATION OR CONTRIBUTOR, OR RELATING TO A CAMPAIGN. YOU ACKNOWLEDGE COMMIT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF CAMPAIGNS, THE TRUTH OR ACCURACY OF ANY USER CONTENT OR CAMPAIGNS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A CAMPAIGN OR THE ACTIVITIES CONTEMPLATED BY A CAMPAIGN. SOTHE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. LIMITATIONS OF LIABILITY
COMMIT WILL NOT BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR COMMIT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17.1. Entire Agreement, Waiver, and Severability
These Terms constitutes the entire agreement between you and Commit and governs your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and us on the subject matter here.
No waiver of any terms of these Terms shall be deemed a further or continuing waiver of such term or any other term. Commit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to reform such provision to give effect to the parties' intentions as reflected herein. The other provisions of the Terms shall remain in full force and effect.
17.2. Governing Law and Forum
These Terms or any claim, cause of action or dispute ("claim") arising out of or related to these Terms shall be governed by the laws of the state of Illinois regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Commit agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Cook County, Illinois, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Commit agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims. Notwithstanding the above, you agree that Commit shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
17.3. Geographic Restrictions
The owner of the Services is based in the state of Illinois in the United States.
You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you warrant that you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
17.4. Cooperation with Authorities and Police Enforcement
You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal or unlawful, as well as any reports we receive of such conduct. When requested, Commit reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.
17.5. Time to File Claim
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or under these Terms must be filed by either party within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Date of Last Revision: December 24, 2017
2. WHAT WE COLLECT
In order for you to use our Services, we need to collect and process some information. Depending on the nature of your use of the Services, we may collect the following:
- Information that you provide to Commit. For example, when you create an account on Commit, you provide information such as your name, email address, login, and password details.
- Data such as what type of device you access our Services from, your location, data on the pages you access, mobile network information, standard web log data, Internet protocol address, and other information.
- Financial information, such as your bank account or charge card information. All payment information you submit is collected and used by our payment processors in accordance with their privacy policies. Commit does not stare your charge card information apart from the last four digits of your account, expiration date, and country.
- Detailed personal information used to verify your identify, such as your date of birth or social security number.
- Communications you send to us.
When you enter financially sensitive information (such as a credit card number) on our Website or Services, we encrypt the transmission of that information using secure socket layer technology (SSL).
To protect you from fraud and misuse of your personal information, we may collect information about your use and interaction with our Website or Services. As an example, we may evaluate your computer, mobile phone, or other access device to identify any malicious software or activity.
3. HOW WE USE COLLECTED INFORMATION
We use the information we collect for the following purposes:
- To enable us to provide you with our Services;
- To improve, promote, and protect our Services; and
- To keep your account secure.
To process your contributions to a Campaign, we may share some of your personal information with the Campaign Organizer or with Contributors to the Campaign. Such information may include your name, the amount you contributed, the number of contributions you have made, and a profile picture you have associated with your account. We may also share your personal information with our payments processors to facilitate transactions. Such information may include your name, amount contributed, and any financial information provided.
Additionally, we may share your personal information with:
- Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you meet their criteria).
- Credit bureaus and collection agencies to report account information, as permitted by law.
- Companies we plan to merge with or to be acquired by.
- Other third parties with your consent or direction to do so.
We may share aggregated, non-personally identifiable information publicly and with our partners, including publishers, advertisers, or connected sites. For example, we may share information publicly to show trends about the general use of the Services.
4. ACCESSING AND CHANGING YOUR INFORMATION
5. CONTACT US
1010 Emerson Street
Evanston, IL 60201
You can also email us at firstname.lastname@example.org.