Terms & Conditions

TERMS & CONDITIONS

 

TERMS OF SERVICE

 

What We Do

Spunsor is a fundraising service. Although we ourselves are not a non-profit, we help charities raise money for great causes and help support artists that contribute their creative energies to good causes. Here’s how we do it. We run fundraising campaigns to help Charities and non-profits raise money. Each campaign consists of the online sale of apparel such as T-Shirts. The apparel is uniquely designed by artists specifically for the Charity or non-profit. For each campaign, artists contribute designs inspired by the Charity or non-profit. Purchasers then place orders for their design of their choice. The charity gets a very generous percentage of campaign sales and awareness; artists receive a percentage of campaign sales and exposure; and purchasers get apparel that’s ultra comfortable and stylish. It’s very simple, really. Here are the terms and conditions of our service.

 

General

Anyone who uses the Spunsor service in whatever capacity agrees to these terms and conditions under this heading “General.” Each time you use the service you agree anew to these terms. If you use the service as a charity or non-profit, you agree to the terms below applicable to charities and non-profits. If you use the service as an artist, you agree to the terms below applicable to artists. If you use the service as a consumer, you agree to the terms below applicable to consumers. Each time you use the service you agree anew to these terms described under this “General” heading and you also agree to the terms below applicable to the capacity (charity or non-profit, artist or consumer) in which you use the service. We may change these terms and conditions at any time by posting amended terms and conditions on the Spunsor website. If you use the Spunsor service after we amend these terms and conditions, then you agree to those amendments. Although we help organizations raise money for great causes, you acknowledge and agree that Spunsor is a for-profit organization.

 

Any web sites that are accessible from Spunsor.com and that take you out of Spunsor.com are not under our control and we shall not be responsible for your dealings with those websites. We encourage you to read the policies, terms and conditions of any web site that you visit.

 

The Spunsor logo and other names, logos, icons and marks identifying our products and services are trademarks of Spunsor LLC and may not be used without our written permission. All rights not expressly granted in this Agreement are reserved to Spunsor LLC. You may not post, distribute, reproduce or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

 

You agree not to resell or make any commercial use of the Spunsor service without the express consent of Spunsor LLC. You may not create bots or other computer generated automatic tools to abuse the Spunsor service.

 

Whether you use the Spunsor service as a purchaser, artist or oraganizer (as these terms are defined below), you agree that you will not in any way manipulate the election of the winning design for a campaign. We want to raise money for charities and non-profits while at the same time provide fair exposure to all of our artists.

 

This Agreement is governed in all respects by the laws of the State of California, notwithstanding any provision of law or choice of law rule which may require otherwise. Any dispute arising hereunder or pursuant to your use of the Spunsor service or pursuant to your use of the Spunsor website shall be submitted to state and federal courts in California and you consent to the exclusive jurisdiction of such courts. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any failure to act on our part with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall inure to the benefit of and be binding upon each party’s successors and assigns. Any notice required or given to you under this agreement may be delivered by electronic mail at the e-mail address provided by you.

 

You agree and understand that Spunsor has no control over how any individual charity or non-profit uses any funds that it receives from any campaign that we run on their its behalf. You also agree and acknowledge that we do not investigate the charitable or non-profit status of any charity or non-profit that run campaigns on the Spunsor platform. We make no representation and no warranty regarding the charitable or non-profit status of any charity or non-profit that run campaigns on the Spunsor platform.  

 

YOU EXPRESSLY AGREE THAT USE OF THE SPUNSOR SERVICE AND THE SPUNSOR.COM WEBSITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY OF YOUR LOSS THAT RESULTS FROM SUCH USE. THE SPUNSOR SERVICE AND THE SPUNSOR WEBSITE ARE PROVIDED ON AN "AS IS" BASIS. SPUNSOR LLC, ITS LICENSORS AND ITS LICENSEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SPUNSOR LLC, NOR ITS LICENSORS, NOR ITS LICENSEES, MAKE ANY WARRANTY THAT THE SPUNSOR SERVICE OR THE SPUNSOR WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SPUNSOR SERVICE OR THE SPUNSOR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NEITHER SPUNSOR LLC, NOR ITS LICENSORS, NOR ITS LICENSEES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPUNSOR SERVICE OR THE SPUNSOR WEBSITE AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SPUNSOR SERVICE OR SPUNSOR WEBSITE OR THAT DEFECTS IN THE SPUNSOR SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

IN NO EVENT SHALL SPUNSOR LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SPUNSOR SOFTWARE OR THE SPUNSOR.COM WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF SPUNSOR LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SPUNSOR LLC SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SPUNSOR SERVICE OR SPUNSOR WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD SPUNSOR LLC., ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SPUNSOR SERVICE, (B) ANY FRAUD OR MANIPULATION, OR BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST SPUNSOR LLC ARISING OUT OF YOUR USE OF THE SPUNSOR SERVICE, SPUNSOR SOFTWARE OR SPUNSOR WEBSITE.

 

 

Purchasers

If you use our service to purchase apparel, you are referred to herein as a “purchaser” and you agree to the terms and conditions under this section entitled “Purchasers” and you also agree to the terms and conditions above under the section entitled “General.”

 

If you are a purchaser you will be charged sales tax on orders shipped to states where sales taxes are applicable. The amount of sales tax charged is based on current state and local tax rates. You will also be charged standard shipping rates. When you place an order, we shall charge your method of payment for the full amount of your order, which shall include tax and shipping. Your shipping and tax charges shall be displayed to you before you complete the placement of your order.

 

We generally print designs on your apparel at the end of each month. We ship a few days after that. Please allow approximately two to three weeks to receive your apparel from the purchase date. In the event there is an issue with the delivery of your order, please contact our customer service department and we will do our best to resolve the issue. You may contact us Monday through Friday between 8:30 am PST and 5:30pm PST at the following telephone number: (949) 236-7633.

 

We turn over a generous portion of your order amount to the charity or non-profit sponsoring that campaign. The amount that we turn over is subject to agreement with each individual charity and non-profit. Although each campaign is run for the benefit of a charity or non-profit organization, we cannot guarantee that your purchase is tax deductible. Your tax advisor can give you further guidance.

 

As a purchaser you can support charities and non-profits by placing your order for any design submitted for a campaign.  Because one of our goals is to help raise money for great causes, your order is non-refundable. Of course, if any item is defective, we will immediately replace it will a new piece with the same design.

 

Artists

If you submit a design as a candidate for a campaign, you are referred to herein as an “artist” and you agree to the terms and conditions under this section entitled “Artists” and you also agree to the terms and conditions above under the section entitled “General.” You may also be required to agree to any terms and conditions in a separate contract with us (an “Artist Agreement”). If any terms herein conflict with any terms in any Artist Agreement that you have with us, the terms of that Artist Agreement shall control.

 

As an artist, if you submit any work of art for consideration for printing on a piece of apparel in a campaign (“art”), and that art goes to print pursuant to the rules above under the heading “Purchasers,” you agree that the art shall be considered a “work-made-for-hire” under United States and any applicable foreign copyright law. If your design is selected and goes to print, you agree to give Spunsor the rights to print and sell your design on any product.  However, if you want to use your design for any commercial purpose, send us an email and let us know.  We will give you the rights back to your design on whatever product.   We do not guarantee that any art that you submit will go to print.

 

Spunsor, or its delegate, retains the right in its absolute and unfettered discretion to decide whether any art that you submit shall be placed on the Spunsor website for consideration in any campaign. You agree that any art that you submit will be newly created by you for the specific purpose of consideration in the campaign for which you submit that work.

 

Charities and non-profits

If you use our service to submit a design as a candidate for a campaign, you are referred to herein as a “charity/non-profit” and you agree to the terms and conditions under this section entitled “Charities and non-profits” and you also agree to the terms and conditions above under the section entitled “General.” You may also be required to agree to any terms and conditions in a separate contract with us (a “Charity/non-profit Agreement”). If any terms herein conflict with any terms in any Charity/non-profit Agreement that you have with us, the terms of that Charity/non-profit Agreement shall control.

 

As a charity/non-profit, if you and Spunsor agree to run a campaign on the Spunsor platform or Spunsor.com website, you agree that Spunsor shall have final and unfettered authority over the content of the Spunsor.com website. You acknowledge and agree that Spunsor makes no guarantee that any campaign that you sponsor will make any sales or that any campaign that you sponsor will be successful in any way. Spunsor shall have no obligation to promote either you or any campaign that you sponsor. You agree that you shall be qualified with the IRS as a 501(c)(3) organization at the time you start a campaign on our platform and throughout the duration of the campaign.  You agree that any designs submitted on behalf of your organization will not be used by your organization for any purposes unless it has received permission from Spunsor.