Terms of Service Our Terms of Service were last updated on November 9, 2014

Terms of Service

ImRaising ("Service") is provided by ImRaising LLC ("we", "our", or "us"). When you ("User" or "your") use or access our Service, you affirm that you are 13 years or older and have read and agree to be bound by our Terms of Use ("Terms") and Privacy Policy.

If any change is made to our Terms, the date at the top of our Terms will be updated. After any changes to our Terms, your continued use of our Service affirms that you accept our changed Terms. If you do not agree to any aspect of our Terms, do not use our Service. We reserve the right to change our Terms at any time without notice.

General

Our Service is provided on an "as is" basis without any warranty, whether implied or express. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

We disclaim that our Service will adhere to your requirements or yield you a gain in revenue, be available at any given time or location or be free of errors.

When you use or access our Service, you agree to not damage or impair our Service or its availability for others.

Our Service is operated and controlled from the United States. We make no representation that it is appropriate or available for use elsewhere.

If any provision of our Terms is invalidated by a court of competent jurisdiction, the invalidity of said provision will not affect the validity of the remaining provisions of our Terms.

You affirm that we have the right to report to law enforcement any illegal actions, including, without limitation, reports we receive of said actions.

You understand that using our Service is a privilege and not a right. ImRaising LLC, at its sole discretion, reserves the right to permanently or temporarily suspend, terminate or verify Users. Upon suspension, termination or verification, you continue to be bound by our Terms.

You affirm that your registration information is accurate and truthful, and you agree to maintain accurate registration information.

We reserve the right to permanently terminate Users under 13 years old.

You agree to comply with all laws, restrictions and regulations regarding the export of products, services and information. In compliance with the U.S. Export Administration Act, you affirm that you are (A) not a citizen or resident of an embargoed nation and (B) not otherwise prohibited under Export Laws from receiving said products, services and information.

When you register for our Service, you agree to receive legal notices, if deemed necessary by ImRaising LLC, at its sole discretion.

When you register for our Service, you agree to receive advertising, marketing and promotional notices. You may opt out of these notices.

We reserve the right to determine the form and means of delivering notifications to you.

We reserve all rights to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyright, photographs, audio, video and music, which are exclusive property of ImRaising LLC and its licensors.

We reserve all rights not specifically granted to you.

We reserve all rights not specifically expressed in our Terms.

Fees, Refunds or Taxes

Monetary contributions ("Contributions"), less our 1.9% fee, are deposited directly into your third party monetary transaction service account ("Vendor Account"). Our 1.9% fee is non-refundable.

Vendor Accounts may apply additional fees to Contributions. ImRaising LLC is not liable for any errors or omissions in your Vendor Account. You are responsible for reporting and timely paying all applicable taxes for Contributions.

Contributions are non-refundable by ImRaising LLC. Vendor Accounts may refund contributions. You are responsible for determining the tax deductability of Contributions.

Indemnity or No Waiver

You agree to indemnify and hold harmless ImRaising and its employees, from and against any claims, suits, proceedings, disputes, demands, liabilities, losses, costs and expenses, including, without limitation, legal and accounting fees, relating to (A) your use or access of our Service, (B) User Content, or (C) breach of any of these Terms.

No waiver of any of our Terms will be deemed a further waiver of any other term. Our inability to assert any right or provision under our Terms does not constitute a waiver of said right or provision.

Copyright

In compliance with the Digital Millennium Copyright Act, you may file a Copyright Complaint. ImRaising, at its sole discretion, will terminate Users who repeatedly infringe copyrights. You agree to accept the Digital Millennium Copyright Act and comply with all Digital Millennium Copyright Act procedures.

Security

We cannot guarantee that unauthorized third parties will not circumvent our extensive security measures. We are not liable for the privacy of your information. When you use or access our Service, you affirm that you provide your information at your own risk. You are solely responsible for password security and account activity, including, without limitation, loses or damages caused by unauthorized access to your account.

By using our Service, you agree to have your information transferred to and processed in the United States.

Jurisdiction

These Terms will be governed by the laws of the State of Arizona, without respect to its conflict of laws principles. Any dispute between ImRaising LLC and you will be decided specifically by a court of competent jurisdiction in the City and County of Flagstaff, Arizona.

Assignment

These Terms, and any rights and licenses granted within, may not be transferred or assigned by you, but may be assigned by ImRaising LLC without restriction.

User Content

When you use or access our Service, you grant ImRaising LLC a non-exclusive, royalty-free, transferable, perpetual, irrevocable, sublicensable, worldwide license to use, store, display, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform or display, and make derivative works of all information transferred to and processed on our Service ("User Content"), including, without limitation, name or likeness. We reserve the right to edit or remove User Content for any reason, including violations of our Terms.

You retain all rights in, and are solely liable for the User Content that you link, upload, display, comment or publish on our Service. You warrant that you own the rights or permission for your User Content, including, without limitation, patents, trademarks, service marks, copyright, trade secrets, publicity or good will ("Intellectual Property Rights"). Your User Content will not infringe any confidentiality, privacy rights, proprietary rights, Intellectual Property Rights or rights of publicity or otherwise violate our Terms.

We assume no responsibility or liability for any User Content that you or any other User or third-party transmits via our Service. You understand and agree that you may be exposed to User Content that is inaccurate, offensive, inappropriate for children or objectionable. User Content should not be viewed as our opinion or endorsement. ImRaising LLC, at its sole discretion, reserves the right to remove User Content.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMRAISING LLC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTRIBUTIONS, PROFITS, GOOD WILL, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR SERVICE, OR FAILURE TO COMPLY WITH OUR TERMS; (B) ANY CONTENT OR CONDUCT OF ANY USER OR THIRD PARTY ON OUR SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT; OR (C) DAMAGES OR UNAUTHORIZED ACCESS, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL IMRAISING LLC'S AGGREGATE LIBILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

Third Party Websites or Services

Our Service may contain links to third party websites or services that are not owned or controlled by ImRaising LLC. We do not endorse or assume any responsibility for the information, materials, products, policies or practices of any third party websites or services. If you access any third party website or service, you understand that you do so at your own risk and agree to not hold ImRaising LLC for any liability, including, without limitation, loss, damage or defamation.

Streamers, Beneficiaries and Contributors

Users who Contribute ("Contributors") do not gain (A) any distribution rights, (B) ownership of Profiles or Contributions, (C) any rights to control ImRaising, Streamers, Beneficiaries, Contributors or Vendor Accounts or solicitation of Contributions ("Profiles"), (D) any right to limit or manipulate Contributions or Contributors or (E) any right to hold ImRaising, ImRaising LLC, Streamers, Beneficiaries, Contributors or Vendor Accounts liable, regardless of reason, for Contributions.

Users who collect Contributions ("Streamers") affirm that Contributions will go properly and legally to the designated legal entity, third party or individual ("Beneficiary").

Streamers affirm that they are authorized by Beneficiaries to represent said Beneficiaries, hold said Beneficiaries to our Terms and solicit Contributions for said Beneficiaries.

Streamers and Beneficiaries affirm that Contributions will be used for the purposes outlined in their Profiles. Streamers and Beneficiaries are solely liable for using Contributions for other purposes than those outlined in their Profiles ("Misuse").

ImRaising LLC is not liable for Streamers failing to transfer Contributions to Beneficiaries.

ImRaising LLC is not liable for the Misuse of Contributions by Streamers or Beneficiaries.

PayPal Inc.

Streamers that accept Contributions and Users that contribute Contributions agree to comply with PayPal Inc.'s Terms of Service and Acceptable Use Policy.