Terms Of Service
Effective Date: August 12, 2015
Welcome to the Tfund website, located at www.Tfund.com (the "Website"), and maintained by Logo Sportswear Inc., through its affiliate sites LogoSportswear.com and Tfund ("Tfund"). This Terms of Service ("TOS") contains the terms and conditions that govern your use of the Website and the Tfund Service (as defined below). Use of the Website constitutes your acceptance of, and agreement to, this TOS.
Tfund reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the Tfund Service. Your continued use of the Website following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes.
1. The Tfund Service.
Tfund enables certain users ("Campaign Managers") to run fundraisers by creating, promoting and selling designs to other users ("Supporters"). Campaign Managers, Supporters, and other site visitors to and users of Tfund (collectively, "Users") have the ability to purchase designs available on t-shirts ("Products"). Products are only available for purchase after a Campaign Manager's fundraiser (each fundraiser, deemed a "Campaign") has met the goal amount of funds from Supporters, who agree to purchase the item once said goal has been reached. Once the goal has been reached, the Product will be produced and shipped by Tfund to Supporters and any other Tfund users that purchase the Product. Users who would like to be Campaign Managers must enter into the Campaign Manager Agreement, the terms and conditions of which are incorporated by reference herein and vice versa. Tfund may also provide a number of Internet-based services through the Website, which may change from time to time (all such services, collectively, the "Tfund Service").
2. Use of the Website and Tfund Service.
2.1 Eligibility. Tfund will only knowingly provide the Tfund Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may only use the Tfund Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Tfund Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Tfund Service and the Website.
2.3 Your License to Use the Website and the Tfund Service.
(a) Tfund solely and exclusively owns all intellectual property and other rights, title and interest in and to the Tfund Service and the Website, except as expressly provided for in these TOS. For example and without limitation, Tfund owns the copyrights in and to the Website, and certain technology used in providing the Tfund Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by Tfund.
(b) Tfund grants you a limited revocable license to access and use the Website and the Tfund Service for their intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Tfund; to compete with Tfund; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, Tfund may revoke the license granted to you.
3. General Rules.
3.1 Prohibited Use. You may only use the Tfund Service as expressly permitted by Tfund. You may not cause harm to the Website or the Tfund Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Tfund Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Tfund Service; (iii) interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting in such a manner as to interfere with or create an undue burden on the Tfund Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the Tfund Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain Tfund's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the Tfund Service; (ix) use any Tfund coupon offered through the Website or Tfund Service in a manner inconsistent with the terms, limitations and/or disclaimers set forth for any given Tfund coupon offering, including without limitation, by altering, re-creating, using or reusing a coupon in a manner that exceeds the: (a) number of times the coupon can be utilized; (b) termination date of the coupon; (c) scope of the coupon as to website applicability; or (d) exceeds the scope of the coupon as to product availability (e.g., altering a coupon to be used on a prohibited product); or (d) assist or encourage any third party in engaging in any activity prohibited by this TOS or the law.
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with instructions provided on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
3.4 Content Violations
(a) Intellectual Property Violations. For information on how to report content that you believe violates your intellectual property rights, please see our Intellectual Property Rights Policy.
(b) Other Content Violations. Please see our Content Usage Policy to review our guidelines for content and/or to report content that you believe is illegal or otherwise violates our policies.
4. Reservation of Rights.
5.1 Monitoring. Tfund reserves the right, but does not assume the obligation, to monitor your use of the Website as well as conduct and communications that occur through the Website. If Tfund determines, in its sole and absolute discretion, that you or another user have or will breach a term or condition of this TOS or that such conduct or communication is inappropriate, Tfund may take any action to restrict access to or the availability of any material on the Website, without any liability to you or any third party.
5.2 Modification of the Service. Tfund reserves the right to modify the organization, structure or "look and feel" of the Tfund Service or the Website, and may change, suspend, or discontinue any aspect of the Tfund Service at any time without any liability to you or any third party. Tfund shall have complete discretion over the features, functions, prices and other terms and conditions on which the Tfund Service is offered to Tfund users.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Tfund permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Tfund will have no obligation to keep any Submissions confidential. You will not bring a claim against Tfund based on "moral rights" or the likes arising from Tfund's use of a Submission.
6. Representations and Warranties.
6.1 Mutual Representations and Warranties. You represent and warrant to Tfund and Tfund represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
6.2 By You. You represent and warrant to Tfund that, in your use of the Tfund Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations.
7. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. TFUND PROVIDES THE WEBSITE, CAMPAIGN MANAGEMENT SERVICE AND TFUND.COM SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TFUND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, TFUND SERVICE OR ITS USE: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TFUND MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Limitation of Liability.
LIMITATION OF LIABILITY. TFUND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE TFUND SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (I) THE AMOUNT PAID BY TFUND TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (II) $100.
You hereby indemnify and hold Tfund and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission, including without limitation monetary damages incurred by Tfund due to any breach of this Agreement or violation of any policy. If you have to indemnify Tfund under this Section, Tfund will have the right to control the defense, settlement, and resolution of any Claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any Claim without Tfund's express written permission.
10.1 Termination. In its sole discretion, with or without notice to you, Tfund may: (i) suspend, limit your access to or terminate your use of the Website and/or the Tfund Service; and (ii) prohibit you from using the Tfund Service and/or the Website.
10.2 Survival. Notwithstanding Section 10.1 above, this TOS will survive indefinitely unless and until Tfund chooses to terminate this TOS.
10.3 Effect of Termination. If you or Tfund terminates your use of the Website or the Tfund Service, Tfund may delete any content or other materials relating to your use of the Tfund Service on Tfund's servers or otherwise in its possession and Tfund will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Tfund, you must use the following addresses: 12 Beaumont Road, Wallingford, CT, Legal@LogoSportswear.com. If Tfund provides notice to you, Tfund will use the contact information provided by you to Tfund. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing", you agree that email communication will satisfy this requirement.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Delaware without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of Tfund. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Tfund are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.