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Welcome to Fundappy!
Fundappy Registry aims to provide the easy to use online gift registry service, with a purpose of helping users to achieve their dreams. The Fundappy website lets users create a personal gift registry for any occasion and also use their event to help someone in need. Our basic service allows couples to freely set up their registry, share it with the friends and family, and receive funds directly to their Paypal account.
Fundappy Registry requires that you (the "Member") read and accept all the terms and conditions in this Agreement before registering with the site. If you are using the site as a guest (the “Guest”) (for the purchase of a Fundappy gift registry item), you agree to also be bound by these terms and conditions. The following terms and conditions govern all use of the website and all content, services and products available at or through the website (taken together, the "Website"). The Website is owned and operated by Fundappy (“Fundappy Registry” or "the Company", “we”, “us”).
BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS DOCUMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES PROVIDED.
For as long as the Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
The site is provided as-is, and Fundappy Registry assumes no responsibility for your ability to (or any costs or fees associated with your ability to) get access to this site. Nor does Fundappy assume any liability for the failure to store or maintain any user communications or personal settings.
The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services
All Members must be at least 18 years old or have the consent of a legal guardian whose name appears on all used banking accounts and payment/contribution methods. The Member must agree that the information provided during registration is accurate, truthful, current, and complete, and that the Member will regularly update this information as often as necessary.
The Fundappy website allows Members to create a personal gift registry that consists of, but is not limited to write-in items. Fundappy doesn’t sell any merchant items.
You will need to register to become a member of this Website ("Member") if you wish to access the Services via this Website, and after 1 week free trial period pay an amount of 10GBP per one event registry. You are able to register for one event at a time. In order to create a registry page for another event the member needs to cancel the current membership and sign up for another.
You may cancel your membership at any time by contacting Fundappy at firstname.lastname@example.org. Cancellation will take effect within 14 days period and you will not be entitled to a refund for any membership fee already paid.
Third Party Payment Services. Fundappy provides links and interfaces to the third party payment service, such as Stripe.com, which permit gift givers to send funds to users (or user's representative) registered with Fundappy. You acknowledge that while Fundappy provides links to these third party payment services, Fundappy does not control and is not responsible for payments made or received through these services. Any use of third party payment services by you will be subject to the fees, terms and conditions of such third party payment services, and at your own risk. If you're using Stripe, you agree to Stripe's Acceptable Use Policy.
Gift givers acknowledge that they are submitting payment directly to the registered user or user's representative (via third party payment service or any other payment method) and therefore Fundappy cannot be responsible for lost payments, identity theft, fraud or refunds.
A Member account with a not active account one year after the event date will be terminated. Fundappy will attempt to contact the Member through email two months before the one year period.
If you wish to terminate your account, you may do so by contacting the Company's support email. Any fees paid hereunder are non-refundable. You agree that Fundappy may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, violated the rights of the Company or any third party, or for any reason with or without notice to you. You agree that the Company may modify or discontinue this website, with or without notice to you. You agree that the Company will not be liable to you or any third party as a result of such modification or discontinuation. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge that Fundappy makes no claims or promises regarding any and all tax obligations or consequences that my result from your activities on Fundappy or the services provided by Fundappy. You also agree that Fundappy has no obligation to maintain records or provide you with documentation of your transactions with charitable or non-profit organizations for tax-reporting purposes.
In other words, you shall have full responsibility for applicable taxes for all gift funds paid to you, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker's compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold Fundappy harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Fundappy by the relevant taxing authorities with respect to any funds paid to you.
Your Fundappy Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign keywords in any of your created content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Fundappy may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Fundappy liability. You must immediately notify Fundappy of any unauthorized uses of your account or any other breaches of security. Fundappy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site or any Microsite without the express permission of Fundappy.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers, and other matters.
You may choose to opt out of this email correspondence by using the links at the bottom of our emails.
Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
Code of Conduct
When using this Website, you must not do any of the following
defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
post, provide, transmit, or otherwise make available any junk mail or spam.
upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
impersonate any person or entity, including without limitation any employee or representative of Company;
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
collect, store, or post of personal data about or of other Fundappy members.
download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
solicit of any kind.
Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Fundappy or otherwise.
By submitting Content to Fundappy for inclusion on your Website, you grant Fundappy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content. If you delete Content, Fundappy will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Fundappy has the right (though not the obligation) to, in Fundappy sole discretion (i) refuse or remove any content that, in Fundappy reasonable opinion, violates any Fundappy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fundappy’s sole discretion. Fundappy will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Fundappy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Fundappy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fundappy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which fundappy.com links, and that link to fundappy.com. Fundappy does not have any control over those non- Fundappy websites and webpages, and is not responsible for their contents or their use. By linking to a non- Fundappy website or webpage, Fundappy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fundappy disclaims any responsibility for any harm resulting from your use of non- Fundappy websites and webpages. Copyright Infringement and DMCA Policy.
Copyright Infringement and DMCA Policy
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Fundappy has adopted a policy of terminating, in appropriate circumstances and at Fundappy’s discretion, users who are deemed to be repeat infringers. Fundappy also may, at its discretion, limit access to the Website and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints. If you believe that anything on the Website infringes upon any copyright that you own or control, you may file a notification with Fundappy as set forth below:
Email Address: email@example.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Fundappy or the alleged infringer as the result of Fundappy relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. Fundappy does not guarantee that it will have the capability to remove infringing content in its entirety, including infringing content that has been stored in a viewer’s cache, but may block the display of any infringing content.
This Agreement does not transfer from Fundappy to you any Fundappy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fundappy. Fundappy, fundappy.com, the Fundappy logo, and all other trademarks, service marks, graphics and logos used in connection with fundappy.com, or the Website are trademarks or registered trademarks of Fundappy. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fundappy or third-party trademarks.
Changes to the Terms of Service
Fundappy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fundappy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources for booking experiences). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Disclaimer of Warranties.
The Website is provided “as is”. Fundappy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fundappy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Fundappy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fundappy under this agreement during the twelve (12) month period prior to the cause of action. Fundappy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Fundappy, its partners, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Fundappy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fundappy, or by the posting by Fundappy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oregon, U.S.A.. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fundappy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You must report any violations of these Terms and Conditions to firstname.lastname@example.org
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