Terms of Use

Terms of Use

Updated: May 23, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY

SECTION 1 | General

1.1 Access and Use Overview. By accessing or using the Zeestr website (the ‘Site’) and the online products and services including but not limited to branded portals (the ‘Services’) offered by Zeestr (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively, Zeestr, ‘we,’ or ‘us’), you are agreeing to these legally binding rules (the ‘Terms’ or ‘Agreement’) and you represent and warrant that you have the right, authority, and capacity to enter into this agreement personally, or if on behalf of the entity entering into this agreement, and to bind such entity to this Agreement. You are also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site or Services.

a. Age. To be eligible to use the Services and access the Site, you must be at least 18 years of age (or the legal age in your jurisdiction).

b. Organizations/Business Entities. If you are an individual acting as a representative of an organization or business which wishes to use the Sites or Services, then you represent and agree that you have the authority to accept these Terms on behalf of such organization or business.

c. Location. Access to the Site and Services from territories where the Site and/or Services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the Site and Services.

d. Additional Terms. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement; to the extent such terms, guidelines, and rules conflict with this Agreement of use, this Agreement shall govern.

e. Changes. We may, in our sole discretion, change these Terms from time to time. When we change these Terms, we will revise the updated date on this page. If we make any material changes to the Terms, we will notify you on the Site or by sending an email to the email address associated with your account (if applicable). We recommend that you check the Site from time to time to inform yourself of any changes to these Terms or any of our other policies. If you keep using the Site after a change to these Terms, that means you accept the Terms.

1.2 Description of Service. Zeestr provides software and services that help nonprofits, individuals and organizations more effectively raise funds for 501(c)3 certified organizations and engage with their constituents through our main software and services funding platform tool (“ZeestrFUNDr”). We merely provide a technology platform to allow Beneficiaries to connect with Donors. The existence of the Site or Services is not a solicitation of donations.

“Beneficiary” is a 501(c)3 certified non-profit organization that benefits from a Campaign.

“Main Campaign” is a fundraising event created using our Site and Service to raise funds on behalf of a Beneficiary. “Sub-Campaign” or “Fundraising Page” is when individuals or teams become a campaign ambassador and help to further support the Beneficiary’s cause by creating peer to peer sub-campaigns on behalf of the Beneficiary to raise donation dollars for a respective Campaign. Collectively Campaign and Sub-Campaign are referred to in these Terms as “Campaign.”

“Donor” is any individual, entity or organization that donates funds to a Campaign through the Site or the Services.

“Donation” is any financial transaction that benefits a Campaign.

“Fundraiser” is any individual or organization that uses the Site and/or Service to create a Campaign. To create a Campaign, Fundraisers must follow the instructions posted on the Site and provide content related to the Campaign. Each Campaign is subject to the review and approval of the Beneficiary To which donations from the Campaign will be directed. Zeestr does not oversee or guarantee the success of any Campaign.

SECTION 2 | Campaigns

2.1 Campaign + Sub-Campaign Creation: Donations and Use of Donations. When a Fundraiser creates a Campaign on ZeestrFUNDr the Fundraiser is inviting people to join them in supporting a specific Beneficiary. The Beneficiary is responsible for appropriately using the Donations that are raised via the Campaign; Zeestr has no role in and in no way guarantees or enforces the ways that Donations will be used. In other words, the Fundraiser, the Beneficiary, and the Donor are entering into an agreement about the Donations that are raised. Zeestr is not a part of this agreement. The Beneficiary is responsible for ensuring that all Donations are disbursed properly and legally.

2.2 Receipt and transfer of Donations; Taxes. The Beneficiary directly receives all Donations. Receipt and transfer of Donations is facilitated by a third party payment processor. The Beneficiary is responsible for any taxes based on their net income or gross receipts (if any).

2.3 Campaign Content. “Campaign Content” is any and all information and content that a Fundraiser (or Fundraiser’s authorized personnel) submits to, or uses with, the Site or Services for creating Campaigns. Fundraisers hereby grant to Zeestr and Donors a non-exclusive license to access the Campaign Content through the Site and Services and to use and make reasonable copies of the Campaign Content for commercial and non-commercial purposes, including for the promotion of the Campaign or the Service on other platforms and in other venues.

2.4 Additional Terms for Fundraisers. Each Fundraiser is subject to the following additional terms of these Terms that apply specifically to Fundraisers:

a. Any Fundraiser may create and submit a Campaign for review and approval by one of Zeestr’s Beneficiary partners. To do so, a Fundraiser must follow the procedures and rules posted on the Zeestr Site and their Campaign must be consistent with the guidelines posted by the Beneficiary for which their Campaign seeks to raise funds. Once approved, a Campaign webpage may display the Fundraiser’s personal information like first and last name. Use of personal information is more fully described in our Privacy Policy (see Section 5.5 of these Terms). You may request that any such Campaign webpage be taken down and removed by submitting a request to support@zeestr.com.

b. Fundraisers agree and acknowledge that other individuals or third parties may support their Campaign (e.g., as Donors or Ambassadors), and that Fundraisers will not be able to remove these individuals or third parties from being displayed on the Campaign webpage.

c. Fundraisers must comply with all terms and conditions set forth in this Agreement, including but not limited to the Acceptable Use Policy outlined in Section 6, as well as any additional guidelines, terms, or rules that may be posted on the Site or Service in connection with specific features or functionalities.

d. Beneficiaries may choose to allow Fundraisers to create Campaigns automatically without prior review and approval. If a Beneficiary opts for this, they take full responsibility for the content of the Campaigns and any resulting liabilities. Zeestr has no liability for any content posted in any Campaigns, whether or not the Beneficiary has reviewed and approved the content, or opted for automatically approved Campaigns.

2.5 Request for Information. Upon request by Zeestr, Fundraisers must provide Zeestr with information and/or documentation that proves the Fundraiser has authority or has been granted authority to raise funds on behalf of the Beneficiary, and clearly shows how the Donations will be transferred to the Beneficiary.

2.6 Zeestr. Zeestr reserves the right in its sole discretion to restrict individuals from creating Campaigns and to remove Campaigns from the Site or Services at any time.

SECTION 3 | Donors

3.1 Overview. Each Donor is subject to the following additional terms of these Terms that apply specifically to Donors.

3.2 Tax Deductions. Zeestr makes no representation as to whether all or any portion of your Donations, including, if any, processing fees, are tax deductible. Zeestr will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any Zeestr user, or any non-profit or Beneficiary. You should consult your tax advisor as to the amount of your Donation that is tax deductible, particularly if you receive any sort of incentive or other reward or prize in connection with your Donation.

3.3 Donor’s Commitments. By donating money through the Site, you represent and warrant that any Donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected.

3.4 Payment Processing. For most Donations processed through the Site or Services, Zeestr utilizes Stripe for payment processing (and on occasion another payment processor). When one of these payment processors processes a Donation, the funds donated are deposited directly in the Beneficiary’s bank account. When making a Donation via the Site or Services, you agree to any terms, conditions, or privacy policies of the third party payment processor being utilized and of the Beneficiary of your Donation. If you have any questions about such terms, conditions, or privacy policies, please contact the third party payment processor or non-profit beneficiary directly.

3.5 Chargebacks and Refunds. Donors must request any and all refunds directly from the Beneficiary. In the event that a Donation is canceled, reversed, charged back, or refunded to any Donor after the transfer of such Donation to a Beneficiary, the Beneficiary shall be responsible in processing the amount canceled, reversed, charged back, or refunded. Zeestr Client is not responsible for payment processing, refunds, payment reconciliations, or Donor gift receipts.

3.6 Gift Receipts. Beneficiaries are responsible for timely providing Donors with tax-exempt receipts verifying that such Donors qualifying tax-exempt Donation is tax-deductible, as well as giving receipts in general.

3.7 Display of Donation Information. Zeestr may display the information about you and your Donation on the Site and may use this information to calculate aggregated statistics and populate infographics (e.g., leaderboards, graphs, and other visualizations) that are publicly displayed on the Site. Should you desire to keep your information confidential, you can choose to make your Donation anonymously via the option on the Site.

3.8 Assumption of Risk. As a Donor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Donation. All Donations are made voluntarily and at your sole discretion and risk. Zeestr doesn’t guarantee that Donations will be used as promised, or that the Campaign will achieve its goals. Zeestr does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Donation, or the truth or accuracy of content posted on the Site and/or Service. You are solely responsible for determining how to treat your Donation for tax purposes.

SECTION 4 | Incentives

4.1 Overview. From time to time, Zeestr, Beneficiaries, or a corporate sponsor may offer certain incentives, rewards or other prizes (“Incentives”) in connection with a Campaign. All Incentives are subject to any additional terms published on the Site, as such may be amended or changed from time to time (the “Rules”).

4.2 Assumption of Risk. In the event you are able to select an Incentive based on your Donation or other activity on the Site, you are responsible for ensuring that the contact information that you provide is accurate and correct. In addition, you agree that the party offering the Incentive will be solely responsible for providing your Incentive and you release Zeestr from any claim related to any failure by another party to provide the Incentive as promised. For clarity, you agree that Zeestr will not be responsible or liable for any failure to provide an Incentive or for any delay in providing an Incentive.

4.3 Age Restrictions. Certain Incentives may be age restricted to persons over 21 years or 18 years of age. You agree that you will not be eligible to receive any age restricted Incentive unless you are above the applicable age limit (as stated on the Site in connection with the Campaign). You further agree that if you ignore the stated age restrictions and are awarded an age restricted Incentive for which you do not qualify, you will immediately forfeit all claims to such Incentive. If the Incentive consists of attendance at an event or location (an “Event”), you agree to be fully responsible and liable for all of your acts and omissions during the Event. As such you agree to indemnify, defend and hold harmless Zeestr, its parent, subsidiaries, affiliates, and their officers, directors, employees, and agents (the “Released Parties”) from and against from any demand, claim, loss, suit, judgment, or proceeding (“Claim”) made by any third party due to or arising out of your alleged negligence, misconduct, and/or violation of any applicable law while in attendance of any Event.

SECTION 5 | Signing up for a Zeestr account

5.1 Overview. You can browse, make donations, and carry out certain other activities on the Site or Service without registering for an account. But to use certain features of the Service, you will need to create an account. To do so, you must follow the steps on the Site and the information you give us has to be accurate and complete: you may create an account by providing your name and email address and setting a password or by connecting to your existing Facebook account. You are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone used your account without your permission, you should immediately report it to support@zeestr.com. Zeestr may cancel your account at any time.

Please note that creating an account does not guarantee your access to the Site’s features that allow users to create or launch a Campaign or Sub-Campaign. You must pass through a validation process before you are allowed to create or launch a Campaign or Sub-Campaign. In our sole discretion, we may deny, suspend or terminate your access at any time.

5.2 Age. To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

5.3 User Name. You agree that you will not use a name: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that Zeestr, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Zeestr to identify you by your user name. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Zeestr. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Zeestr immediately of any unauthorized use of your password or account or any other breach of security. Zeestr assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. Zeestr has the right to reclaim any usernames for any reason.

5.4 Accurate Information. You agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Zeestr has reasonable grounds to suspect that such information is inaccurate, Zeestr may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.

5.5 Privacy. In addition to reviewing these Terms, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the Site and Services constitutes your agreement to our Privacy Policy.

5.6 Suspension or Termination of Your Use of the Site. These Terms remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the Site or Services prior to the date you accepted these Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Site or Services (whichever is earlier) and will remain in full force and effect while you use the Site or Services, unless earlier terminated in accordance with the Terms. Zeestr has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in Zeestr’s sole discretion and that Zeestr shall not be liable to you or any third party for any termination of your account. Termination of any service includes removal of access to such service and barring further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

5.7 Deleting Your Account. You can delete your account at any time by sending an email to support@zeestr.com and asking that we delete it for you. Deleting your account will not automatically make some content you’ve posted, or information related to Donations you have made or actions you have taken on the Site, go away. We may retain certain information about you as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive the deletion of an account, including our rights regarding content you’ve posted, or information related to Donations you have made or actions you have taken on the Site. (For instance, if you’ve launched a Campaign or created a Sub Campaign, deleting your account will not automatically remove the Campaign or Sub Campaign from the Site; if you’ve made a Donation, deleting your account will not remove your Donation and associated information about you and your Donation from the Site.) You can contact us at support@zeestr.com for additional information or to request the removal or deletion of certain content and information (this is not available in all circumstances).

5.8 Advocacy While Logged In. Advocating for a Campaign as an ambassador (e.g., sharing personalized links, creating a Sub-Campaign) will result in the public display of your name and profile image on a Campaign page. This information will also be provided to the Beneficiary of the Campaign.

SECTION 6 | Acceptable Use

6.1 Overview. When you use Zeestr, you agree that you will not:

a. take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone;

b. create any liability for Zeestr or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;

c. engage in any conduct that, in Zeestr’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Site or Services;

d. post information you know is false, misleading, or inaccurate;

e. use the Site or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

f. do anything deceptive or fraudulent;

g. offer any Incentives that are illegal, violate any of our policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation;

h. upload, post or otherwise transmit through or on the Site anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, indecent, profane, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or invasive of another person’s privacy, or that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

i. distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

j. post any identification documents or sensitive information about another person;

k. run mail lists, listservs, or any kind of auto-responder or spam on or through the Site;

l. upload, transmit, or distribute any computer viruses, worms, or anything else (code, films, programs, disruptive or destructive files) designed to damage, alter, or interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Zeestr or another party);

m. harvest, collect, gather, assemble, use or abuse information or data about other users for purposes other than participating on the Site;

n. obtain or attempt to obtain any materials or information not intentionally made available through the Site or Services;

o. use the Site or Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Site or Services for fundraising activities is expressly permitted;

p. try to interfere with the proper workings of the Services, such as by trying to disrupt any servers or networks used to provide the Site or Services or their respective features;

q. bypass any measures we’ve put in place to secure the Services;

r. try to damage or gain unauthorized access to any system, data, account, password, or other information, whether it belongs to Zeestr or another party;

s. take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers (we reserve the right to determine what’s reasonable.);

t. use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site;

u. introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; or

v. take apart or reverse engineer any aspect of Zeestr in an effort to access things like source code, underlying ideas, or algorithms.

6.2 Use of Platform. You agree to use the Site and Services in compliance with these Terms and all laws, regulations, ordinances, directives, and court orders local and applicable to your use of the Site and Services. You also agree not to engage in, or encourage, promote, facilitate or instruct others to engage in activities which, in our judgment and discretion, are illegal.

SECTION 7 | Fees

7.1 Individual use; creating Campaigns. Creating an account on Zeestr is free and there are no costs for browsing the Site or Services, for creating and launching Campaigns, for making donations, or for advocating for, volunteering for, or otherwise supporting a Beneficiary via the Site or Service.

7.2 Fees for non-profit beneficiaries. We may charge certain fees to Beneficiaires, subject to our agreements with those Beneficiaries.

7.3 Payment processing fees. Payment processors and financial institutions charge money for their services, and typically we pay such fees on the behalf of Beneficiaries at the time Donations are made via the Site. This is generally the case unless Donations are being processed by a third party payment processor (selected by the Beneficiary) with which Zeestr does not have a direct relationship.

SECTION 8 | User Content

8.1 Overview. “User Content” is any and all information and content, such as comments, reviews, posts, photos, designs, graphics, images or videos or other contributions, that a User submits to, or uses with, the Site or Services. User Content includes Campaign Content.

You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms. Zeestr is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

8.2 License to User Content. You hereby grant, and warrant that you have the right to grant, to Zeestr and others acting on Zeestr’s behalf, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully sublicensable, transferable, and fully paid license and right (including any moral rights) to use, license, reproduce, exercise, commercialize, distribute, publicly perform, publicly display, modify, adapt, prepare derivative works of, incorporate into other works, derive revenue or other remuneration from, communicate to the public, and exploit the copyright, publicity, trademark, and database rights with respect to your Content (in whole or in part). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

8.3 Right to modify User Content. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your User Content.

8.4 Representations regarding User Content. You agree and represent that your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Zeestr all the license rights outlined in this Agreement). If Zeestr or its users exploit or make use of your submission in the ways contemplated in these Terms, you agree and represent that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

8.5 Royalties. You agree to pay all royalties and other amounts owed to any person or entity based on your User Content, or on Zeestr’s hosting of that User Content.

8.6 Responsibility. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. Zeestr will not be liable for any errors or omissions in any content.

8.7 Monitoring and review. Zeestr shall have the right, but no obligation, to monitor User Content and other features of the Site and Services to determine compliance with these Terms and any other operating rules we establish. Zeestr shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Site or Services. We do not control any User Content that you or other users may provide. Zeestr neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Content, whether it is provided by Zeestr, our employees, or a third party. Under no circumstances will Zeestr be liable for any loss or damage of any kind caused by reliance on information obtained through User Content of the Site or Services. Zeestr is not responsible for any offensive, defamatory, obscene or any other posting made through the Site or Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Zeestr’s sole discretion is inappropriate, objectionable or in violation of these terms. Any user who feels that some User Content is objectionable is encouraged to contact us immediately by email to support@zeestr.com.

SECTION 9 | Intellectual Property

9.1 Ownership of the site, Site information and services. The Site and Services and all technology underlying the same are expressly owned and operated by Zeestr. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by Zeestr or its parent, subsidiaries, affiliates, if any, or are licensed by Zeestr from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.

9.2 Marks. The trademarks, logos, and service marks (“Marks”) displayed on the Site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Use of Marks is restricted to programs, events, products or services that Zeestr sponsors or with which we are otherwise affiliated. Zeestr’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Zeestr’s express written consent except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Zeestr’s express written consent.

9.3 Personal use of content. Zeestr grants you a limited, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Site Information and User Content for personal use only. If you want to use, reproduce, modify, distribute, or store any Site Information or User Content for a commercial purpose, you need prior written permission from Zeestr or the relevant copyright or intellectual property right holder. A ‘commercial purpose’ means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

9.4 Certain Restrictions. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site, Services or any of the Site Information. You may not access the Site or Services in order to build or promote a similar or competitive service. Except as expressly stated herein, you may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Site or Services in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any authorized copy you make of the Site, Services or the Site Information. Zeestr reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Zeestr will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that Zeestr will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

9.5 Feedback. You agree that submission of any feedback, ideas, suggestions, documents, and/or proposals to Zeestr (“Feedback”) is at your own risk and that Zeestr has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Zeestr a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.

9.6 Copyright Issues. The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Zeestr complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.) Zeestr also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify us immediately.

SECTION 10 | Other Websites

10.1 No endorsement. Zeestr may contain links to other websites. Such links are provided merely as a convenience to you. When you access third-party websites, you do so at your own risk. Zeestr has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Zeestr, we do not operate, control or endorse any information, products or services on the Internet in any way. Zeestr does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites.

SECTION 11 | Security

11.1 No endorsement. Zeestr maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems, beneficiary’s, fundraisers’, donors’ and partner’s information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure or error free. As a result, while Zeestr strives to protect your information, it cannot ensure or warrant the security of any information or User Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your information, unless otherwise prohibited by law, subpoena, or regulation, Zeestr will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered or used with the Site or Services.

SECTION 12 | Electronic Communications

12.1 Overview. When you visit the Site, use the Services or send emails to Zeestr, you are communicating with us electronically. You consent to receive communications from Zeestr electronically. Zeestr may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Zeestr provides to you electronically satisfy any legal requirement that such communications be in writing.

SECTION 13 | Other Rights Reserved

13.1 Overview. Zeestr reserves the following rights:

a. to decide who is eligible to use Zeestr;

b. to cancel accounts or decline to offer our Services;

c. to cancel any donation to any Campaign, at any time and for any reason;

d. to reject, cancel, interrupt, remove, or suspend any Campaign, at any time and for any reason; and

e. to change our eligibility criteria at any time. Zeestr is not liable for any damages as a result of any of these actions, and it is our policy to not comment on the reasons for any such action. If these things are prohibited by law where you live, then we revoke your right to use Zeestr in that jurisdiction.

SECTION 14 | Indemnification

14.1 Overview. You agree to defend, indemnify, and hold Zeestr (and its parent, subsidiaries, affiliates, officers, directors, employees, and agents) harmless from and against any and all liabilities, claims, demands actions, costs, losses, damages, and expenses of any kind (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use, misuse, or abuse of the Site and its Services, your User Content, or your breach of any provision of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses. You shall not in any event settle any matter without Zeestr’s written consent.

SECTION 15 | Disclaimers

15.1 Overview. You acknowledge that you use our Site and Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied. The Site, Services or Site Information may contain errors or omission, or may be out of date. The Site, Services or Site Information may, without prior notice, change, be deleted or updated at any time.

15.2 Zeestr specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing, course of performance, or usage of trade. No advice or information (oral or written) obtained by you from Zeestr shall create any warranty. Some jurisdictions do not allow the exclusion or limitation of certain warranties, so the above exclusion may not apply to you.

15.3 Zeestr makes no warranties regarding and does not sponsor or endorse any Campaigns or any Fundraisers, Donors, or other users. Fundraisers and Donors use Zeestr at their own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any donation or other transaction on Zeestr. Your interactions with other users are solely between you and such user and Zeestr will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, Zeestr is under no obligation to become involved. Notwithstanding the foregoing, Zeestr will use commercially reasonable efforts to provide the services described in this agreement.

15.4 Zeestr, its affiliates, parent and subsidiaries, if any, and its third-party service providers, suppliers, and vendors do not represent or warrant that access to the Site, the Site Information or the Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of Site, Services or Site Information. Zeestr assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, any user-generated content) or user communications.

SECTION 16 | Limitation of Liability

16.1 Overview. To the fullest extent permitted by law, in no event will Zeestr, its directors, employees, partners, suppliers, parent, subsidiaries, affiliates or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages

1. resulting from your access to, use of, or inability to access or use the Site or Services; 2. for any lost profits, data loss, or cost of procurement or substitute goods or services; or 3. for any conduct of content of any third party on the Site. In no event shall Zeestr’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

16.2 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

16.3 You and Zeestr agree that any cause of action arising out of or related to the Terms, the Site or Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

SECTION 17 | Release

17.1 Overview. You hereby agree to release and forever discharge Zeestr (including its affiliates, parents and subsidiaries, if any) and its third-party service providers, suppliers and vendors and each of their respective directors, officers, employees, and agents from any and all claims, disputes, demands, controversies, rights, obligations, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”), arising out of or in any way connected with your use of this Site and its Services or the Site Information. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

SECTION 18 | Jurisdiction and governing law

18.1 Overview. These Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflicts of laws provisions, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention on Contracts for the International Sale of Goods. You agree that Zeestr and its Services are deemed a passive website that does not give rise to jurisdiction over Zeestr or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Zeestr, shall be filed only in the state or federal courts located in the State of Texas, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. Please note that the laws of the jurisdiction where you are located may be different from Texas law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Site or Services.

SECTION 19 | Miscellaneous

19.1 Overview. These Terms and the other material referenced in them are the entire agreement between you and Zeestr with respect to the Site and Services and supersede any prior agreements or proposals (whether oral, written, or electronic).

19.2 In the event that one or more portions of these Terms shall, for any reason, be held to be invalid or unenforceable, the remaining portion will remain in full force and effect.

19.3 The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms.

19.4 If Zeestr fails to enforce any parts of these terms, it will not be considered a waiver.

19.5 These terms do not confer any third party beneficiary rights.

19.6 You will not assign or transfer any of your rights or responsibilities under these terms to anyone without Zeestr’s express written permission.

19.7 Zeestr may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

19.8 Nothing in these terms shall prevent Zeestr from complying with the law.

19.9 Zeestr shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

If you have any questions about these terms, please contact us at support@zeestr.com.