SportCoups Terms & Conditions
Terms & Conditions
Access and Use of the Services: Services Description:
The Services are offered as a platform to users of the Services, which may include a Fundraiser Organizer (Student Athletes, parents and legal guardians of student athletes) and Donors (each defined herein) and other registered users of the Services (which may include users who simply “like” Fundraisers or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a “Fundraiser Organizer”) to post a fundraiser (“Fundraiser”) to the Platform to accept monetary donations (“Donations”) from those registered donors wishing to contribute funds to the Fundraiser (“Donors”). For purposes hereof, the term “Fundraiser Organizer” shall also be deemed to include any individual(s) designated as a beneficiary of a Fundraiser. Although there are no fees to set up a Fundraiser, a percentage of each Donation will be charged as a fee for the Services. Please see our Fees section for details.
Fundraisers are not charities to which you can make tax-deductible charitable contributions. As used in this Agreement, the term “Fundraisers” does not refer to a Charity and you acknowledge that contributions to Fundraisers are not deductible under your jurisdiction’s applicable tax laws and regulations.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution:
The Services are an administrative platform only. SportCoups facilitates the Donation transaction between the individual Fundraiser Organizer and Donors, but is not a party to any agreement between an individual Fundraiser Organizer and a Donor. SportCoups is not a broker, agent, financial institution, creditor or insurer for any user. SportCoups has no control over the conduct of, or any information provided by, a Fundraiser Organizer and SportCoups hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. SportCoups does not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Fundraiser or Fundraiser Organizer. We make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Fundraiser or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Fundraiser. We do not and cannot verify the information that Fundraiser Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose described by any Fundraiser Organizer. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with each Fundraiser Organizer. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Fundraiser Organizer is not raising or using the funds for their stated purpose, please “Report” them to us to alert our team of this potential issue and we will investigate. You, as a Fundraiser Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Fundraiser is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your fundraiser; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize SportCoups, and SportCoups reserves the right to, provide information relating to your Fundraiser to Donors and beneficiaries of your Fundraiser and with law enforcement or to assist in any investigation.
Your Registration Obligations:
It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SportCoups of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. SportCoups will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services:
SportCoups reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree, to the extent permitted by law, SportCoups will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
Sponsor/Merchant Discount coupons or Mobile coupons:
From time to time, merchants may serve as SportCoups’ sponsors (“Sponsors”). In connection with a sponsorship, Sponsors may make discount coupons and other incentives available to Donors (“Sponsor Discount Coupons”). SportCoups reserves the right to modify, suspend or discontinue, temporarily or permanently, the Sponsor Discount Coupons (or any part thereof). Also, Sponsor Discount Coupons can be added, changed or discontinued at any time. You agree, to the extent permitted by applicable law, SportCoups will not be liable to you for any modification, suspension or discontinuance of any Sponsor Discount Coupons.
Sponsor/Merchant redemption indemnification:
SportCoups is herein indemnified and makes no claim to the Donor about use and redemption frequency of Sponsor Discount Coupons. SportCoups will endeavor to make Sponsor Discount Coupons available to Donors through the Mobile Services (as defined herein); however, SportCoups specifically disclaims liability for any error made during coupon posting or any disruption of service or disruption of Donor accessibility.
General Practices Regarding Use and Storage:
You acknowledge that SportCoups may establish general practices and limits concerning use of the Services including, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on SportCoups’ servers on your behalf. You agree that SportCoups has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that SportCoups reserves the right to terminate accounts or Fundraisers that are inactive for an extended period of time; provided, SportCoups will use its commercially reasonable efforts to provide a Fundraiser Organizer with reasonable notice before terminating an inactive Fundraiser having a positive balance of Donations. You further acknowledge that SportCoups reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding SportCoups and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your SportCoups account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use User Conduct:
You are solely responsible for all Fundraiser descriptions, comments, images, information, data, text, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by SportCoups. This list is not exhaustive, however, and SportCoups reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to, collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in SportCoups ‘ sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any Fundraiser, freezing or placing a hold on donated funds when SportCoups reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
1.establish or contribute to any Fundraiser with the implicit or express purpose relating to any of the following:
a. any activity that violates any law or governmental regulation;
b. content or fundraisers that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising fundraiser (whether on the Platform or not);
c. illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
d. knives, explosives, ammunition, firearms, or other weaponry or accessories;
e. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
f. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
g. the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
h. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
i. ransom, human trafficking or exploitation;
j. pornography or other sexual content;
k. offensive, graphic, perverse or sensitive content;
l. the defense or support of anyone alleged to be involved in criminal activity;
m. offering monetary rewards or favors;
n. transactions for the sale of items before the seller has control or possession of the item;
o. collection of payments on behalf of merchants by payment processors or otherwise; or
p. credit repair or debt settlement services.
2. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of SportCoups, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose SportCoups or its users to any harm or liability of any type; or
3. interfere with or disrupt the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
In order to contribute to a Fundraiser, you agree that a certain minimum Donation amount may apply and that all Donation payments are final. All Donors are directed to a third-party payment processing portal. All Donations are processed by a third party payment processor. SportCoups has no access to any Donor or Fundraiser Organizer payment information at any time.
There is a SportCoups Service and Coupon Fee of $5.00, which is included in each donation amount. That means the donor pays a total of $25.00 to cover the service and coupon fee per donation. Covering the fee allows the Student Athlete to receive the entire $20 donation. This SportCoups Service and Coupon Fee includes a credit card processing, ACH fee, platform fee, merchant and coupon fee, and SportCoups coverage for further research, development, and marketing. We reserve the right to change the SportCoups Service Fee pricing from time to time. If SportCoups does change its Fees, SportCoups will provide advance notice of the change on the Platform or an email to you, at SportCoups’ option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. All Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable.
All donations are final and non-refundable. Please make sure you know the Student Athlete you are donating to and confirm their identity before donating. We recommend that you do not donate to an athlete that you do not know.
From time to time, SportCoups may place a hold on a Fundraiser account (a “Hold”), restricting collections (defined herein) by a Fundraiser Organizer. Some of the reasons that we may place a Hold on a Fundraiser Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Fundraiser Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Fundraiser Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Fundraiser Organizer), (iii) if we have reason to believe that a Fundraiser or Fundraiser Organizer has violated these Terms of Service, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Fundraiser account, or need information about how to resolve the Hold, please contact us at support@Sportcoups.com.
Intellectual Property Rights Services Content, Software and Trademarks:
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SportCoups, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by SportCoups from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of SportCoups, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by SportCoups. The SportCoups name and logos are trademarks and service marks of SportCoups (collectively the “SportCoups Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to SportCoups. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SportCoups Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of SportCoups Trademarks will inure to our exclusive benefit.
Under no circumstances will SportCoups be liable in any way for any content or materials of any third parties (including users and Fundraiser Organizers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SportCoups does not pre-screen content; provided, however, SportCoups and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, SportCoups and its designees will have the right to remove any content that violates these Terms of Service or is deemed by SportCoups, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services:
With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, title and interests in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content, you hereby grant and will grant SportCoups and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold SportCoups and its contractors and employees harmless from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of SportCoups in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or SportCoups ‘s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to SportCoups are non-confidential and SportCoups will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that SportCoups may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SportCoups, its users or the public.
SportCoups respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SportCoups of your infringement claim in accordance with the procedure set forth below. SportCoups will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SportCoups‘ Copyright Agent at support@Sportcoups.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: SportCoups Copyright Agent: SportCoups LLC Attn: Corporate Counsel, 260 Fordham Road, Wilmington, MA 01867 To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner