Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.pledgemanager.com website (the "Service") operated by Kicktraq Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms, as well as the applicable usage agreements (Backer Usage Agreement | Creator Usage Agreement). If you disagree with any part of the terms then you do not have permission to access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
PledgeManager has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of PledgeManager or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Our Service may contain links to third party web sites or services that are not owned or controlled by PledgeManager
PledgeManager has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that PledgeManager shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless PledgeManager and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall PledgeManager, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In this Agreement the content on the Services, including all information, writings, methods, services, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called "Content". All Content and all software available on the Services or used to create and operate the Services is the property of Kicktraq or its licensors, and is protected by domestic and international copyright laws, and all rights to the Services, such as Content and such software, are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kicktraq.
Content provided by users is called "User Content." User Content includes, but it is not limited to, profile information supplied by users, posts, comments, and questions submitted to the Services, messaging to other users within the Services, certain biographical or business information supplied by users, technical information about the device you use to access the Services, and any information submitted by a user for display through the Services. User Content is that user's property. Kicktraq's only right to that User Content is the limited licenses to it granted in this Agreement.
We respect the intellectual property rights of others. If you believe that content on our Services is infringing a copyright that belongs to you, please contact through the method below. We will review all claims that we receive of copyright infringement. If we deem that any content is in violation of applicable laws, we will remove it.
Our designated agent under the Digital Millennium Copyright Act for the receipt of any claimed infringement notifications is:
Attention: Copyright Agent
PO Box 211
Worthington, OH 43085
To expedite our handling of your notice, please use the following format or refer to Section 512(c)(3) of the Copyright Act:
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PledgeManager its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
(a) “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
(b) “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;
(c) “Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages in transactions through your store (a “Customer”), which PledgeManager Processes as a Data Processor in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that PledgeManager processes in the context of services that it provides directly to a consumer, such as through its consumer-facing applications like Frenzy or its consumer-facing services like PledgeManager Pay; and
(d) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2.1. Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will still be processed by PledgeManager within the United States. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
2.2. When PledgeManager Processes Personal Data in the course of providing the Services, PledgeManager will:
2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If PledgeManager is required by law to Process the Personal Data for any other purpose, PledgeManager will provide you with prior notice of this requirement, unless PledgeManager is prohibited by law from providing such notice;
2.2.2. notify you if, in PledgeManager’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
2.2.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to PledgeManager’s Processing of the Personal Data;
2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
2.2.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing PledgeManager’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
2.2.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
2.2.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
2.2.8. upon termination of the Agreement, PledgeManager will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, PledgeManager will provide you with a copy of such Personal Data.
2.3 In the course of providing the Services,you acknowledge and agree that PledgeManager may use Subprocessors to Process the Personal Data. PledgeManager’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between PledgeManager and Subprocessor.
The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the United States. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the United States with respect to any dispute or claim arising out of or in connection with this agreement.
Except as so provided, PledgeManager reserves the right to modify this policy and any element thereof. You acknowledge and agree that it is your responsibility to review this policy periodically and become aware of modifications. Your use of the Services following any modification to this policy shall be deemed to be your assent to any such modifications.