Terms of Service

Last Update: September 9, 2022

 

Koodose, Corp. DBA Sponsr (referred to throughout as “us,” “we,” “our,” etc.) is the owner and operator of the gosponsr.com website and mobile application. These Terms of Service apply to the gosponsr.com website any associated subdomains, mobile application, any integrations or widgets we offer, and any other website or applications we own or operate that include a link to this statement (together collectively referred to as the “Services”). Any party that accesses, uses, or registers with the Services (such party referred to throughout in the second person ” you,” “your,” etc.) agrees to be contractually bound by these Terms of Service (the “Terms”).

 

No one under 13 is allowed to create an account or use the Services. If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services. 

 

Your use of the Services, or any of the services or its features, constitutes your acceptance of the Terms and our Privacy Policy. If you do not wish to use the Services in accordance with the Terms and our Privacy Policy, then you should immediately discontinue using the Services.

 

Updates to the Terms

 

We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Services. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.

 

Intellectual Property

 

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Services will be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title, and interest in and to the foregoing.

 

Restrictions. You may not: 

  1. copy, modify, or distribute the Services for any purpose; 

  2. transfer, sublicense, lease, lend, rent, or otherwise distribute the Services to any third party; 

  3. decompile, reverse-engineer, disassemble, or create derivative works of the Services, or otherwise attempt to discover the source code of the Services; 

  4. make the functionality of the Services available to multiple users through any means; or 

  5. use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

 

Prohibited Activities

 

You agree not to: 

  1. interfere with, damage, impair, or disable the Services’ operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; 

  2. make unsolicited offers, advertisements, proposals, or send junk mail or spam to others, or use the Services for unauthorized commercial purposes; 

  3. use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express consent or bypass any robot exclusion headers or similar measures; 

  4. remove, circumvent, disable, damage or otherwise interfere with the Services’ security-related features, features that prevent or restrict the use or copying of any part of the Services, or features that enforce limitations; 

  5. attempt to gain unauthorized access to the Services, other user accounts, computer systems or networks connected to the Services through hacking, password mining, or any other means; 

  6. deep-link to the Services, and you agree you will promptly remove any links that we find objectionable in our sole discretion; 

  7. send bulk emails, texts, surveys, or other mass messaging, whether commercial in nature or not; 

  8. solicit or transmit personal information from or to minors, or submit or transmit personal information of minors to anyone; 

  9. reformat or frame any portion of the Services; 

  10. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Services; 

  11. impersonate another person or represent yourself as affiliated with us, our employees, or other industry professionals; 

  12. solicit a user’s password or other account information; or 

  13. harvest user names, email addresses, phone numbers, or other personal information for any purpose.

 

Your Content

 

By posting, uploading, or transmitting content or information to, or through, the Services you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Services as we reasonably see fit. You warrant that you have the authority to grant such license.

 

General User Warranties

 

By accessing, using, or registering with the Services you represent, warrant, and irrevocably covenant that:

  1. you have the authority to enter into this agreement;

  2. your decision to enter into this agreement and your use of the Services will not violate any applicable law, regulation, or ordinance;

  3. your decision to enter into this agreement and your use of the Services will not infringe the rights of any third parties;

  4. you will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Services;

  5. you will never use the Services, or any services we provide to you, in a manner that violates the law or the legal rights of a third party;

  6. you are at least 13 years of age, or any higher minimum age in the jurisdiction where you reside; and

  7. you have the consent of a parent or legal guardian if you are under 18 years of age.

 

Privacy

 

Any personal information you submit to the Service or Sponsr is governed by our Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the Services or Sponsr. 

 

Privacy Policy Compliance

 

You are solely responsible for complying with all applicable state, federal, and international laws, including those governing the collection, use and disclosure of user information. Although Sponsr provides a platform for you to collect information, compile leads and contacts, connect potential customers with businesses, provide Sponsr with your contact list(s) and associate information, and otherwise fulfill the purposes of your fundraising campaigns, you must provide all parties with all requisite disclosures relative to the collection of personally identifiable information by your organization, including, but not limited to, the prominent display of a privacy policy. For all information you collect and submit through the Services, you represent and warrant that you have obtained the necessary authorizations to send them emails or otherwise contact them for marketing or promotional purposes.

 

Fees

 

Sponsr’s clients are separately bound by our Services Agreement, which details fees owed for the services we provide.

 

Availability

 

As the provider of the Services, we reserve the right to discontinue (i) the Services, in whole or in part, (ii) any features or services provided by or through the Services, or (iii) your access to or ability to use the Services, for any or no reason, without notice to you.

 

Taxes

 

You understand that the party you transact with through or as a result of the Services is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Services. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes.

 

Indemnification

 

You agree to defend (at our request), indemnify, release, and hold harmless Koodose, Corp., our successors and assigns, our affiliates, and each of the foregoing’s respective directors, officers, managers, employees, and agents (collectively, the “Releasees”) from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; (vi) any violation of privacy or or other laws relating to your use of information provided to us by you in your use of the Services, including information provided from your contacts or contact list; (vii) your hosting, participating in, attending, or authorizing an event or campaign posted on the Services (including events or campaigns you authorize your supporters to advertise on the Services); and (viii) the acts or omissions of third parties you interact with through the Services. You will cooperate as fully required by the Company in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

 

Disclaimer of Warranties

 

  1. Warranty Disclaimer. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE RELEASEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RELEASEES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AS TO (A) THE SERVICES; (B) OUR CONTENT; (C) USER OR THIRD PARTY CONTENT; (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES; OR (E) ANY SUCCESS OR PARTICULAR OUTCOME OF YOUR PARTICULAR CAMPAIGN.

 

  1. No Technical Warranties. THE RELEASEES DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, (B) DEFECTS WILL BE CORRECTED, (C) THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, OR (D) THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL.

 

  1. Certain Jurisdictions. THE RELEASEES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE RELEASEES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

 

Limitation of Liability

 

  1. No Liability for Losses or Damages. UNDER NO CIRCUMSTANCES WILL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SERVICE AND ITS OPERATION; (B) OUR CONTENT; (C) USER OR THIRD PARTY CONTENT; (D) YOUR INABILITY TO USE THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RELEASEES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; OR (G) LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, DEATH, PERSONAL INJURY, OR COMPUTER FAILURE OR MALFUNCTION. THE RELEASEES SHALL NOT BE LIABLE FOR THE FOREGOING LOSSES OR DAMAGES (X) EVEN IF FORESEEABLE OR EVEN IF THE RELEASEES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (Y) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).

 

  1. State Requirements. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

  1. Monetary Limitation. IN NO EVENT WILL THE RELEASEES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

 

  1. No Injunctions. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF THE RELEASEES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OF ANY KIND.

 

  1. Waiver of California Civil Code Section 1542. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”

 

  1. Acts or Omissions of Third Parties. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE RELEASEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

Governing Law

 

These Terms will be governed by and construed in accordance with the laws of the State of Utah, without regard to conflicts of laws principles.

 

Forum, Venue

 

The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Services will be the state and federal courts located in Utah County, Utah. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.

 

No Joint Venture

 

These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us, or any third party and us. At all times we shall remain independent contractors with respect to one another.

 

No Assignment

 

You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.

 

Entire Agreement

 

These Terms, of which our Privacy Policy is a part, contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.

 

Severability

 

If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.

 

No Waiver

 

Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.

 

Survival

 

The provisions of the sections of these Terms titled “Intellectual Property,” “Prohibited Activities”, “Your Content”, “Liability,” “Release”, “Limitation of Liability”, “Indemnification”, and any other provisions that govern events or circumstances likely to occur after termination of any relationship governed by these Terms, will survive such termination.

 

Headers

 

The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.

 

Attorney’s Fees

 

If a dispute arises out of these Terms or your use of the Services then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney’s fees) incurred as a result of that litigation.

 

Limitation

 

YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

If you have any questions or comments about these Terms, contact us at support@gosponsr.com.