Terms and Conditions

Effective July 1, 2016

Please read these Terms of Use before using the services offered by LobbitUp, LLC (“LobbitUp”). LobbitUp provides as a service a website, including subdomains (collectively, the “Website”) where certain registered users (“Organizers”) of its Website run campaigns to raise funds for one or more causes. Donors (“Donors”) may pledge money to causes on the Website.

By using the Website in any manner, including, but not limited to, visiting or browsing the Website, making donations through the Website, or contributing content, information, or other materials or services to the Website, You (collectively, “Users” or “You”) agree to be bound by these Terms of Use as set forth herein. The Terms of Use sets forth the legally binding terms and conditions for your use of the Website at www.LobbitUp.com, and the service owned and/or operated by LobbitUp (together with the Website and the “Service”). The Service is offered subject to acceptance of all the terms and conditions contained in these Terms of Use, including the Privacy Policy available at http://www.LobbitUp.com/privacy, acceptance of the operating rules, policies, and procedures of WePay, a payment processor, and acceptance of all other operating rules, policies and procedures that may be published on the Website, which are incorporated herein by this reference. LobbitUp reserves the right to modify or replace these Terms of Use by posting the updated terms on the Website. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

LobbitUp reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any service, feature, database, or content) at any time, for any reason. It may also impose limits on certain features and services or restrict your access to parts or all the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant you are at least 18 years old, and are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.

Summary of Service

LobbitUp provides a Service on its Website whereby Organizers may run campaigns to raise funds for one or more causes. Donors may pledge money to one or more causes listed by an Organizer. In turn, the Organizer has the option to conduct its campaign as a race among competing causes. At the end of a campaign with competing causes, an Organizer may redistribute the funds pledged among the causes according to a redistribution schedule determined by the Organizer at its sole discretion. Likewise, at the end of a campaign with non-competing causes, an Organizer may distribute the funds to the causes as pledged to the causes. Donors hereby acknowledge a portion or the entirety of any monies pledged eventually may go to any cause listed by an organizer, not necessarily the cause to which the Donor initially pledged.

Donor acknowledges that all donations are received by an Organizer, who in turn, has the option to transfer or re-distribute all donations received to one or more causes listed by the Organizer on the Website. Donor understands the cause to which a pledge was originally made, may or may not be the actual recipient of the funds. It is the responsibility of the Organizer to re-distribute the funds to the cause or causes according to the percentage schedule published with the campaign in competitive campaigns, or to distribute the funds to the causes as pledged in non-competitive campaigns. In the event Donor’s donation is not used or re-distributed by an Organizer as represented, or otherwise in accordance with Donor’s understanding or expectations, Donor’s sole recourse is to pursue a correction or other remedies from the Organizer. In no event may LobbitUp be held liable for any such misunderstanding, misrepresentation, damages, or loss associated with the specific terms of an Organizer’s campaign on the Website.

You will distribute the funds received from the campaign to the cause/causes in accordance with the percentage schedule published in your competitive campaign and in accordance with the pledged amounts in your non-competitive campaign. Organizer acknowledges it is solely responsible for the truth and accuracy of the schedule published on the Website, and for the appropriate distribution of funds to the cause/causes.

Ranking in a competitive and a non-competitive campaign is calculated each time a pledge to a cause in the campaign is received, and the Website is updated accordingly. All causes that have received at least one pledge are subject to the ranking. In a competitive campaign, a cause that has not received at least one pledge will not be subject to the ranking, and any payout percentage for such cause will be equally distributed among any other cause/causes that has/have received at least one pledge. However, as soon as a non-ranked cause receives a pledge, that cause will be subject to the ranking and the rank-based payout percentage will apply to that cause and no longer be equally distributed among any other cause/causes.

Relationship of the Parties

An Organizer’s solicitation of funds and a Donor’s pledge to pay constitutes an agreement only between Organizer and Donor. LobbitUp is not a party to that agreement. In the event a Donor’s pledge does not result in a completed transaction, LobbitUp is not liable for any damages or loss incurred as a result of nonpayment of pledges or any other use of the of the Service.

LobbitUp cannot guarantee the receipt by Organizers of the amount pledged minus fees. Organizer and Donor acknowledge LobbitUp uses WePay, a payment processor, to process payments of Donor’s pledges. WePay alone collects funds pledged by Donors. LobbitUp does not oversee payment processing, nor does it have access to or control over pledged funds, nor is it responsible for the performance of WePay.

LobbitUp does not engage in any solicitation activities. Organizers conduct their own solicitation activities through fundraising campaigns. LobbitUp does not oversee or control the fundraising campaign, nor the actual use of funds raised. LobbitUp performs no independent review of an Organizer. It is the Donor’s responsibility to research the identity, legitimacy, and business practices of an Organizer. LobbitUp cannot guarantee the authenticity of any data or information that Organizers provide about themselves or their campaigns.

LobbitUp is under no obligation to become involved in disputes between an Organizer and Donor, an Organizer and WePay, a Donor and WePay, or between any visitor of the Website and another party arising in connection with use of the Service. This includes, but is not limited to, performance of promises, performance of services, transmission of funds, and any other terms, conditions, warranties, or representations associated with campaigns on the Website.


Obligations of Donors:
  • Donors agree to provide their payment information at the time they pledge to a campaign. All pledges will be immediately charged to the Donor’s payment card. The amount Donors pledge is the amount they will be charged.
  • LobbitUp uses a third party payment processor, WePay. Donors consent to LobbitUp and WePay authorizing a charge on their payment card for the full amount pledged.
  • Donors agree to have sufficient funds or credit available at the time of making a pledge to ensure that the pledge will be collectible.
  • Donor agrees that funds pledged to a cause may be distributed by the campaign organizer in an amount larger, equal to, or smaller than the amount pledged to the cause.
  • Donor acknowledges and agrees that all payment card transactions are final and irrevocable. Donor waives the right to dispute any charges in conjunction with the Service provided and/or the campaign.
  • Donor acknowledges that all donations are received by an Organizer, who in turn, has the option to transfer or re-distribute all donations received to one or more causes listed by the Organizer on the Website. Donor understands the cause to which a pledge was originally made, may or may not be the actual recipient of the funds. It is the responsibility of the Organizer to re-distribute the funds to the cause or causes according to the percentage schedule published with the campaign. In the event Donor’s donation is not used or re-distributed by an Organizer as represented, or otherwise in accordance with Donor’s understanding or expectations, Donor’s sole recourse is to pursue a correction or other remedies from the Organizer. In no event may LobbitUp be held liable for any such misunderstanding, misrepresentation, damages, or loss associated with the specific terms of an Organizer’s campaign on the Website.
  • Donor understands that the fees of WePay and LobbitUp will be deducted from Donor’s pledge, and that the pledge amount shown in a campaign is the pledged amount prior to deduction of the fees. Donor also understands that the pledge amounts prior to deduction are used for ranking of the causes in a campaign.
  • Due to the real-time or near-real-time of ranking, Donor understands that all pledges are final and irrevocable. In the event that Organizer is unable to collect funds for a specific pledge given to a specific cause and in the event that this inability to collect funds for the specific pledge would lead to or prevent a change in ranking for that cause, Donor understands that the final ranking for that and other causes is performed solely at Organizer’s discretion. 

Obligations of Organizers:

  • You may view Content on the Website without registering, but as a condition to conducting a campaign as an Organizer, you will be required to register with LobbitUp and select a user name (“User ID”) and password. You shall provide accurate, complete, and up-to-date registration information. LobbitUp reserves the right to refuse registration of or cancel a User ID, domain name, or cause. You are responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password on the Website. You shall never use another User’s account. You will immediately notify LobbitUp in writing of any unauthorized use of your account, or other known account-related security breach. 
  • Joining LobbitUp is free. LobbitUp, however, does charge fees for its services, and our payment processor, WePay also charges fees for its services. Such fees will be deducted from the funds pledged; you will receive funds in the amount pledged, minus the fees of LobbitUp and WePay. Unless agreed upon in writing, LobbitUp’s service fee is 10% of each pledged amount, plus processing fees by LobbitUp’s payment processor, WePay, in an amount of 2.9% plus 30 cents per transaction.
  • You must provide complete registration information with LobbitUp and WePay, LobbitUp’s payment processor, prior to receiving funds from WePay. In the event that the registration process is not completed by the Organizer, WePay will refund all pledges according to WePay’s Terms and Conditions.
  • You will distribute the funds received from the campaign to the cause/causes in accordance with the percentage schedule published in your campaign. Organizer acknowledges it is solely responsible for the truth and accuracy of the schedule published on the Website, and for the appropriate distribution of funds to the cause/causes.

Obligations of Users:

As a condition of use, you as a User of the Website, agree you will not use the Service for any purpose that is prohibited by the Terms of Use or law. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to take any action, or submit any content that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • you know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
  • contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage or obtain unauthorized access to any system, data, password, or other information of LobbitUp or any third party;
  • directly or indirectly (1) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such a restriction; (2) modify, translate, or otherwise create derivative works of any part of the Service; or (3) bypass any measures LobbitUp may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (4) run Mailist, Listserv, or any form or auto-responder or “spam” on the Service; or (5) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
  • copies, rents, leases, distributes, or otherwise transfers any of the rights you receive hereunder;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • impersonates any person or entity, including any employee or representative of LobbitUp.
The Website may not be used for any gambling purposes, and User understands that all funds pledged by Donors are for the sole benefit of various causes of the Organizer. Organizer and any of Organizer's employees or affiliates cannot contribute, pledge, or donate to any cause of a campaign that is entered or otherwise under the control by the Organizer or Organizer's employees or affiliates. Where a cause in a campaign or a beneficiary of a cause is an individual or group of individuals, that individual or group of individuals is not permitted to contribute to that campaign. Thus, any User of the Website cannot pledge funds towards a cause in a campaign where that User receives funds from an Organizer of that campaign or is a beneficiary of the cause in that campaign.

You shall abide by all applicable local, state, national and international laws and regulations.

Donations to Charities or other Nonprofits

By using LobbitUp to facilitate a donation to an Organizer, you understand that your donation is being made directly to an Organizer, and that LobbitUp will not have access to, nor control over, your funds. Deductions of charitable and other nonprofit donations is governed by the rules of the Internal Revenue Service. Donors and Organizers are entirely responsible for compliance with all laws and legal obligations regarding charitable donations and receipts or other rules on such transfers. LobbitUp makes no representation as to your legal rights or obligations. Donors and Organizers should seek legal counsel for advice.

Likewise, LobbitUp has not performed any independent analysis to confirm a Section 501(c)(3) or 501(c)(4) or other legal status, or the truthfulness of any other representations or statements of any Organizer soliciting funds on the Website. In the event that your donation is not used by an Organizer as represented, or otherwise pursuant to your understanding or expectations, you understand that remedies may not be pursued or obtained from LobbitUp.

Latency

Because of inherent delays in transmission of data between Donor and Website and/or other Donors simultaneously interacting with the Website, Donor’s computing device, including smart phone, tablet computer, desktop computer, may display information (including, but not limited to total pledges, ranking for a specific cause, time left in campaign, etc.) that is superseded by information for a campaign on the Website. For example, a pledge by a first Donor may not result in a change in ranking for a cause where a prior/concurrent other pledge by a second Donor not displayed by the computing device of the first Donor will affect the ranking for that cause. Likewise, a pledge by a Donor may not result in a completed transaction where the pledge is made at a time at which the campaign has expired on the Website. User acknowledges that information, including ranking and data on the Website controls, and that information on a computing device of the User may be subject to latency and delayed display relative to the Website.

Ranking of Causes during a Campaign

Ranking in a campaign is calculated each time a pledge to a cause in the campaign is received, and the Website is updated accordingly. All causes that have received at least one pledge are subject to the ranking. A cause that has not received at least one pledge will not be subject to the ranking, and any payout percentage for such cause will be equally distributed among any other cause/causes that has/have received at least one pledge. However, as soon as a non-ranked cause receives a pledge, that cause will be subject to the ranking and the rank-based payout percentage will apply to that cause and no longer be equally distributed among any other cause/causes.

Where two or more causes are in a tie (i.e., where the causes have received equal amounts in pledged funds), the cause with the higher number of donors will take the lead over the cause(es) with lower number(s) of donors. In the event that the numbers of donors for the tied causes are identical, the cause with the later received last pledge will take the lead over the cause(es) with the earlier received last pledge(s). In the rare event that the above tie-breaking options do not resolve the tie, ranking between/among the tied causes will be determined via random generator.

Website Content

Through the Website, email, third party websites, and other media, the Service makes accessible various content, including but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, or other material or information, and associated trademarks and copyrightable works (collectively, “Content”). Organizers, Donors and visitors to and Users of the Service may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.

All Content You access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

All Content or information publicly posted or privately transmitted through the Website is the sole responsibility of the person or entity from whom that Content or information originated. LobbitUp will not be liable for any errors or omissions in any Content.

LobbitUp cannot guarantee the identity of any other Users with whom You may interact while using the Website.

Website Content License

You agree that the Service contains Content provided by LobbitUp, Organizers, Donors, and visitors that may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws.  You acknowledge the Website and its Content is owned or licensed by LobbitUp, and neither LobbitUp, nor its licensors confers upon you by implication, estoppel, or otherwise any license or other intellectual property right, except as expressly provided herein. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

LobbitUp grants to each User of the Service a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use and reproduce the Content, solely for non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from LobbitUp or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

By submitting Content on the Website, or otherwise throughout the Service, You agree to the following terms:

  • LobbitUp will not have any ownership rights over your submitted Content. However, LobbitUp needs the following license to perform and market the Service on your behalf, and on behalf of its other Users and itself. You grant to LobbitUp the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right (and allow others acting on its behalf) to (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your submitted Content and your trademarks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) LobbitUp’s (and its successors and assigns’ ) business, (c) promoting, marketing, and redistributing part or all of the Website or the Service in any media formats and through any media channels (including, without limitation, third party websites) (ii) take whatever action is needed to market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the Content and Trademarks in connection with the Service; and (iv) use and publish, permit others to use and publish the Content and Trademarks, names, likenesses in connection with the provision or marketing of the Service. The foregoing license to LobbitUp does not affect your other ownership or license rights in your submitted Content, including the right to grant additional licenses to your submitted Content. 

Copyright Policy

On receiving proper notice, LobbitUp will remove or block access to Content on the Website that it, in good faith, believes infringes copyright of a third party.

DMCA Notice

Copyright owners or any agents thereof who believe that any Content infringes upon their copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing ( see 17 U.S.C. 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. Such written notice should be sent to our designated agent as follows:
Email: copyrightagent@lobbitup.com

Please also note that under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

DMCA Counter-Notice

If you believe that your work has been removed or disabled by mistake or misidentification, please notify LobbitUp’s Copyright Agent in writing by emailing us at copyrightagent@lobbitup.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel, or see 17 U.S.C Section 512(g)(3):

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

In accordance with the Digital Millennium Copyright Act, LobbitUp has adopted a policy of terminating User accounts that are repeat infringers of the intellectual property rights of others. LobbitUp reserves the right to terminate a User account based on a single infringement.

Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness or a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. LobbitUp does not warrant that: (1) the Service will be secure or available at any particular time or location; (2) any defects or errors will be corrected; (3) any content or software available at or through the Service is free of viruses or other harmful components; or (4) the results of using the Service will meet your requirements. Your use of the Service is at your own risk.

LobbitUp makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Website. LobbitUp will not be liable for the privacy of email addresses, registration and identification information, disk space, confidential or trade secret information, or any other content stored on LobbitUp’s equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, hold harmless LobbitUp, its managers, employees, directors, officers, representatives, agents from all liabilities, claims and expenses, including reasonable attorneys fees and other legal costs from any claim, action, or demand, arising from, or relating to your use or misuse of, or access to, the Service, or otherwise from your violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or any other right of any person or entity. LobbitUp reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with LobbitUp in asserting any available defenses.

Limitation of Liability

In no event shall LobbitUp, nor its managers, officers, directors, agents, representatives, shareholders, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (1) for any lost profits, data loss, costs of procurement of substitute goods or services; (2) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination); or (3) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars.

Choice of Law

These Terms of Use, the Privacy Policy, and all other operating rules, policies and procedures that may be published on the Website, shall be governed by and construed in accordance with the laws of the State of California, and the United States, without giving effect to any principles of conflicts of law. You agree that LobbitUp and its Website are deemed a passive website that does not give rise to personal jurisdiction over LobbitUp or its affiliates, successors, assigns, officers, directors, or shareholders, managers, agents, either specific or general, in any jurisdiction other than the State of California. You agree that resolution of any conflicts will be by binding arbitration. In the event that the arbitration clause is deemed unenforceable, You agree that any action at law or equity arising out of or relating to these Terms of Use, use or non-use of the Service, shall be filed in the state or federal courts located in Orange County, California. You hereby consent and submit to personal jurisdiction of such courts for the purpose of litigating any such action. You irrevocably waive any right you may have to a jury trial in any action, dispute or proceeding. In any action or proceeding arising under these Terms of Use or use or non-use of the Service, the prevailing party will be entitled to recover costs and attorneys fees.

Miscellaneous

LobbitUp shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond LobbitUp’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation. LobbitUp may assign, transfer or delegate its rights and obligations hereunder without consent.

Third-Party Sites

The Service may permit You to link to other websites or resources on the internet, and other websites or resources may contain links to the Website, including WePay, LobbitUp’s payment processor. When You access third-party websites or resources, you do so at your own risk. Those other websites or resources are not under LobbitUp’s control, and you acknowledge that LobbitUp is not liable for the content, functions, accuracy, legality appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with LobbitUp. You further acknowledge and agree that LobbitUp shall not be liable for any damage related to the use any content, goods, or services available through any third-party website or resource.

Legal Notices

All notices under the Terms of Use, or arising out of use or non-use of the Service, will be in writing and will be deemed to have been given when received, if personally delivered or sent by certified or registered mail, return receipt requested. If transmitted by facsimile or e-mail, when receipt is electronically confirmed. If sent for next day delivery by UPS, Federal Express, or other recognized overnight delivery service, then the day after it is sent.

Integration and Severability

These Terms of Use, Privacy Policy, and other referenced material, as may be amended from time to time, are the entire agreement between You and LobbitUp with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and LobbitUp and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be deemed severable, and limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain valid and enforceable. LobbitUp reserves the right to amend or modify these Terms of Use, Privacy Policy, and other reference material at any time. All changes are effective upon posting on the Website. Your continued use of Website following a posting of such changes constitutes your agreement to those changes.