OSMOS Fundraising: Terms of Service

Thank you for choosing OSMOS Fundraising. By using OSMOS Fundraising and it’s OSMOS: Vote™ Vote-by-Donation platform you are agreeing to be bound by the following terms and conditions ("Terms of Service") as well as subject to the OSMOS Fundraising's privacy policy. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. OSMOS Fundraising’s OSMOS: Vote™ software is designed to be used by third parties (“Organizers”), to run contests, promotions, application processes or other data intake processes. In this case, you may be using it as an Entrant (submitting an entry or data), Voter (using our voting screen to vote on a contest) or Reviewer (using our private review screen). If you are an Entrant, Voter or Reviewer, these terms are applicable to you also.

OSMOS Fundraising reserves the right to update and change the Terms of Service from time to time without notice. Violation of any of the terms below will result in the termination of your Account. BY CONTINUING TO USE OSMOS FUNDRAISING, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND TO THESE TERMS OF SERVICE:

Account Terms for all users:

This service is for adults. You must be 16 years or older to use this Service. You must provide a valid email address and any other information requested in order to complete the signup process. You must have a valid Credit or Debit Card. If you are holding a contest you will be asked to create an account and password. Your login may be shared. You are responsible for maintaining the security of your account and password. OSMOS Fundraising cannot be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all activity, usage and content posted under your account (even when Content is posted by others who have accounts under your account).

You agree not to impersonate any other person or falsely identify yourself to gain information contained for others within OSMOS Fundraising. You must comply with all applicable local, state, national and foreign laws related to the posting of materials onto OSMOS Fundraising. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). OSMOS Fundraising may modify, suspend or discontinue service at any time in its sole discretion. OSMOS Fundraising reserves the right to refuse service to anyone at any time.

General Conditions For All Users:

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is only provided via email unless otherwise indicated.

You agree not to change, modify, hack, or make derivative works any portion of OSMOS Fundraising ’s property for the purposes of licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.

You have read, understand and agree to our privacy policy and our security policy. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You must not upload, post, host, or transmit unsolicited email or "spam" messages.

You must not transmit any worms, trojan horses, viruses or any code of a destructive nature to or through OSMOS Fundraising.

OSMOS Fundraising does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected

OSMOS Fundraising, may need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions. Unless it is an emergency we will attempt to provide as much notice as possible to you before the service interruption.

You expressly understand and agree that OSMOS Fundraising shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OSMOS Fundraising has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

You agree to defend, indemnify, and hold harmless OSMOS Fundraising, its officers, directors, employees and its agents from any against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.

OSMOS Fundraising reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), in which case we will provide our users with notice so they may download and/or export their data.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the OSMOS Fundraising Site, via email to your email address on file, or the Service itself. OSMOS Fundraising shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Rights to Work

You may be allowed to post or upload information to our site (“Content”).

By uploading content you understand that OSMOS Fundraising , or anyone acting on behalf of OSMOS Fundraising or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

In addition, if you are uploading or entering content, you represent and warrant that your entry is your original work and does not include third party without permission and that it will not infringe on the rights of any third party or entity. In addition, you have obtained all rights, licenses, permissions and consents necessary to submit the entry and to grant the other rights outlined in the rules.

OSMOS Fundraising does not screen, monitor, edit, ore review content before it appears on our site. As such we are not responsible for the truthfulness, accuracy, objectivity or usefulness of such content. In addition, we do have the right, in our sole discretion to remove any content at any time and without notice if we believe it violates any provisions or will otherwise improve our site.

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to OSMOS Fundraising if they have a good-faith belief that their protected works are being infringed. OSMOS Fundraising will respond to all such notifications that are sent to:
OSMOS Fundraising, Inc.
244 Vernon Street, Roseville, CA
1-916-287-1024

To be effective, the notification must be a written communication that includes:
A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
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 Website provider to locate the material;

Information reasonably sufficient to permit the Website 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; and
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.
Upon receipt of such notification, OSMOS Fundraising shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After OSMOS Fundraising removes or disables access to such material, if such material was posted by a user of the Site, OSMOS Fundraising will notify the party that posted the material of its action. Such party may then provide OSMOS Fundraising 's designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which OSMOS Fundraising will forward to the alleged copyright owner. OSMOS Fundraising will inform the alleged copyright owner that OSMOS Fundraising will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to OSMOS Fundraising's designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to OSMOS Fundraising 's designated agent, whose name and address are listed above.

The notice must include the following information:

The counter-notifying party's physical or electronic signature;
Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where OSMOS Fundraising is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided OSMOS Fundraising with notification or an agent of such a person.

OTHER:

Organizers running a Promotion using the Service are responsible for providing its own Promotion rules, terms, and conditions, and ensuring such Promotion complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Promotion is provided in the Promotion entry form. You will be required to agree to these rules and terms and conditions before you can enter each Promotion. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that OSMOS Fundraising shall not be responsible or liable for any Sponsor's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Promotion.

The look and feel of the Service is copyright © OSMOS Fundraising, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from OSMOS Fundraising. The failure of OSMOS Fundraising to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service apply to you and may not be transferred, assigned or delegated to anyone without the express written permission of OSMOS Fundraising. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of OSMOS Fundraising shall be null and void. These Terms of Service shall be governed by the law of California, without regard to its conflicts of law provisions. These Terms of Service comprise the entire agreement between you and OSMOS Fundraising with respect to the use of the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of the Terms of Service).

Users of the OSMOS: Vote™ platform are also subject to the privacy policy and terms of service of Stripe, Google Analytics, and Mixpanel.