Service: Raffle Creator is a web-based service that allows Creators to raise money for their cause by accepting donations through the Site. Raffle Creator provides Users with the ability to create a Raffle Page where they can advertise their cause to prospective Donors for a given time period (“Lifespan”). The Lifespan starts on an User specified date (“Launch Date”), and ceases on a User specified date (“Drawing Date”). Donations are accepted during the Lifespan. After the Drawing Date, Raffle Creator disables the ability to take donations on a Raffle Page; the User will still have access to the web site as well as any Donor information collected during the course of the Raffle.
Site: The Service provided by the Company is contained within web site rafflecreator.com, all other sites owned and operated by the Company, and all subdomains incorporated therein (collectively “The Site” or “Site” or “Sites”).
User: Individuals who use the Service and are bound by these Terms of Service. Users are required to complete a registration process to enable use of parts the Service.
Donor: An individual who donates to a User’s Raffle through a its web page. Donors are users of the Site, but only with the ability to donate to a Raffle, without the ability to create Raffles.
Raffle: Usage of the Service, by a User, for a single cause or event. Each Raffle supports a single cause and begins accepting donations on a prescribed date (“Launch Date”) of the Raffle, and ends on a pre-set date (“Drawing Date”).
Raffle Page: The web page, constructed by the User using the Service, that is associated with a single Raffle.
Raffle Content: All text, pictures, video, artwork, and other materials that the User submitted during construction of their Raffle Page.
The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
The Service is available only to individuals who are at least 18 years old and meet any age-related restrictions applicable in your jurisdiction. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction and are legally able to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions where it is prohibited.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. You shall ensure that running a raffle is legal in your state.
Raffle Creator is not liable for any damages or loss incurred related to rewards or any other use of the Service. Raffle Creator is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Raffle Creator does not oversee the performance or punctuality of Raffles. The Company does not endorse any Raffle Content. You release Raffle Creator, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspect ed or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
Opening a Raffle Creator account is free of charge. However the User is charged (“Fee”) to launch a Raffle and to process the credit cards used by Donors. You are responsible for paying all fees and taxes associated with your use of the Service. Receipt of the initial Fee is required to initiate the Raffle.
Raffle Creator is not responsible for the performance of the third-party credit card processor.
The User may, at any time, setup and use their account to create a Raffle Page using the Service. Subject to these Terms and Conditions, the User’s account and their Raffle Page will remain active for 6 months from the time of creation.
Running of a Raffle and accepting donations on a Raffle Page is limited by the User specified dates of the Raffle.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
By Submitting Raffle Content on the Site or otherwise through the Service, you agree to the following terms:
In accordance with the Digital Millennium Copyright Act, Raffle Creator has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Raffle Creator also may terminate User accounts even based on a single infringement.
Raffle Creator will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Raffle Creator Copyright Agent by emailing firstname.lastname@example.org. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
If you believe that your work has been removed or disabled by mistake or misidentification, please notify Raffle Creator’s Copyright Agent in writing by emailing us at email@example.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Our designated copyright agent for notice of alleged copyright infringement is:
BC Woodbridge, LLC. Attn: Justin Woodbridge, Copyright Agent 1774 Lee Road Cleveland Heights Ohio, 44121 Email: firstname.lastname@example.org
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users or Donors gain access to the Site; what Content Users or Donors access through the Site; what effects the Content may have on Users or Donors; how Users or Donors may interpret or use the Content; or what actions Users or Donorsmay take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users or Donors provide about themselves or their Raffles. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Raffle; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Raffle Creator reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Electronic Communications Privacy Act Notice (18 USC §2701–2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
By using the Services, you consent to receive from Raffle Creator all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Raffle Creator may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Ohio and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Raffle Creator or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Ohio. 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 the Services, shall be filed only in the state or federal courts located in Cuyahoga County in the State of Ohio and you hereby consent and submit to the personal jurisdiction of such 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.
We may collect and process the following information about you:
Users receive the names, emails, and address of Donors.
Users do not have access to the credit card information of Donors.
We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you the ability to opt out when we can.
We will send you email relating to your personal transactions. We will keep these emails to a minimum.
You will also receive certain email notifications, for which you may opt-out.
We may send you service-related announcements on rare occasions when it is necessary to do so.
We never post anything to your accounts with Facebook, Twitter, or any other third-party sites without your permission.
Except for the purposes of providing the Services, we will not give your name or personal information to third parties.
Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different browsers. By blocking or deleting cookies used on our Service, you may not be able to take full advantage of our Service.
Voluntary Disclosure Any personal information or content that you voluntarily disclose in public areas of the Site becomes publicly available and can be collected and used by other users. You should exercise caution before disclosing your personal information through these public venues.
Users never receive Donors’ credit card information.
Raffle Creator reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights, or in the good-faith belief that it is necessary to comply with the law.
To modify or delete the personal information you have provided to us, please log in and update your profile. We may retain certain information as required by law or for necessary business purposes.
On request, we will give you a copy of all the personal information about you that we hold. This information is subject to a fee not exceeding the prescribed fee permitted by law.
Information that you submit through the Service may be transferred to countries outside the European Economic Area (“EEA”) to provide the Service to you. For example, our servers are in the United States. If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected.