Terms & Conditions
186 Norfolk #2F
NYC, NY 10002
Welcome to Student Launcher. These terms and conditions govern your access to and use of this website and various online tools and services that Student Launcher makes available to donors, fundraisers, nonprofits, registrants and all others users of the Student Launcher service, collectively called Users of the Student Launcher service (the Service).
(1) SERVICES PROVIDED BY Student Launcher
All funds received by Student Launcher for a User’s project will not be available for distribution until 10 to 15 business days after the close of fundraising ONLY if the project reaches 100% of their fundraising goal.
Donors want to see the projects they fund happen and our experience shows us that only projects that reach 100% of their fundraising goal actually happen, so ONLY if the project reaches 100% of their fundraising goal are funds released to the school. No donor credit cards are charged until a project hits 100%.
Following the end of the fundraiser and the subsequent processing period described above, Student Launcher will distribute the proceeds (net of any mandatory payments) to the beneficiary by check ONLY if the project reaches 100% of their fundraising goal.
Any payments of donations are final and non-refundable.
Student Launcher reserves the right to change the amount of, or basis for determining, any payments, and to institute new payments, effective upon prior notice to you. In addition, from time to time the provided services may change, without prior notice.
(2) Student Launcher FUNDRAISER ACCOUNTS
Student Launcher requires all visitors who wish to raise funds for a project (“fundraisers”) to sign up for an account by completing all required fields on the respective registration web pages on the Site. As part of the registration process, you agree to provide: (a) information about yourself that is truthful, current, complete and accurate; and (b) update this information so as to maintain its accuracy.
Additionally, Student Launcher reserves the right to terminate accounts created by users who appropriate the name, e-mail address, or other personally identifiable information of another individual. Student Launcher also reserves the right to refuse to approve a user account or terminate an existing user account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time. Student Launcher is not liable for any losses or damages incurred by you as a result of the termination of your account or refusal of the service.
Student Launcher and third parties acting on Student Launcher behalf may send you e-mail notifications from time to time in order to inform you about important information regarding your use of the Site and Student Launcher Service. You may opt out from receiving such e-mails by selecting the “opt out” feature in each e-mail. However, even if you opt out you understand and agree that you will still be held responsible for the information contained in these e-mails.
You are solely responsible for maintaining the confidentiality of your password, username and all uses of your fundraiser account regardless of whether you have authorized such uses. You shall not share your account with anyone else. You agree not to use the account, username or password of anyone else. You shall not disclose your password to anyone else. Multiple accounts are prohibited. You agree to have only one account. You agree to exit from your account at the end of each session and to take all reasonable precautions to prevent others from using your account. You agree to notify Student Launcher immediately of any unauthorized use of your account.
(2a) ADDITIONAL PROVISIONS SPECIFIC TO FUNDRAISER ACCOUNTS
Any individual, entity or organization that registers for a fundraiser account "Create a Project” button, you indicate that you understand and agree to the following additional terms in the section below.
(2b) FUNDRAISER REPRESENTATIONS
By registering to become a fundraiser, you warrant and represent that:
(a) You are a U.S. Citizen, 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision; (b) All information you provide to Student Launcher is truthful, current, complete and accurate and you will update the information to maintain its accuracy; (c) You are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; (d) You will use all donated funds solely for the purpose you have stated on the Site, and under no circumstances may you use the funds for any other purpose; (e) You will make all reasonable efforts to send a thank you note to donors who have given to your project; (f) If you are a non-profit organization you: (i) have tax-exempt status under section 501(c)3 of the Internal Revenue Code; and (ii) are registered with the Guidestar data base.
Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the service. Fundraisers also authorize Student Launcher to conduct background inquiries as Student Launcher deems appropriate to assess a fundraiser’s eligibility for the Service or to review the fundraiser’s continued use of the Service.
(3) ADDITIONAL PROVISIONS SPECIFIC TO DONORS
Any individual, entity or organization that registers for a donor account is subject to the following additional terms of this User Agreement that apply specifically to donors. By clicking the “Donate” button, you indicate that you understand and agree to the following additional terms in the section below that apply specially to donors.
(3A) DONOR REPRESENTATIONS
By registering for a donor account, you represent and warrant that:
(a) You are a U.S. Citizen, 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision; (b) All information you provide to Student Launcher is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and (c) Any donation you make is legal in your jurisdiction. Student Launcher will not be held liable for any loss or damages due to non-compliance. Additionally, by using the Student Launcher service you understand and agree that your use of the Site and use or reliance upon any of the materials through the site is solely at your own risk. While we take reasonable efforts to review fundraising events for compliance with the Student Launcher eligibility requirements, Student Launcher does not verify, endorse or control any of the information on the Site (outside of official documentation)
(4) INFORMATION ON WEBSITE
Any information; ideas or opinions posted by Users of the Student Launcher Service or website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:
- Harass, defame, intimidate or threaten another user;
- Interfere with another user's rights to privacy;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene, offensive or indecent;
- Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
- Advertise or sell any goods or services.
(5) PARTNER SERVICES
Our website may provide links to third-party websites or services and may link you automatically to sponsors' or third party's websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.
(6) PROPRIETARY RIGHTS
(6a) Trademarked Material:
You own all your Marks provided by you in connection with your use of this Service (collectively, “Your Materials”). You hereby grant to Student Launcher a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing, You authorize Student Launcher to include Your name and logo in a press release, case studies or other announcements and on the Student Launcher Site. Student Launcher obtains no other right, title or interest in Your Materials except as set forth herein.
(6b) Student Launcher Material:
Student Launcher and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by Student Launcher pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by Student Launcher pursuant hereto.
The names Student Launcher, Student Launcher.org, the Student Launcher logo and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not Student Launcher, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Student Launcher. Other trademarks, service marks or logos that appear on the Site or anywhere in the Student Launcher service is rendered, in particular (but not exclusively) those of nonprofits registered with Student Launcher are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Student Launcher and the trademark owner.
All content on this Site is owned by Swift Kick, the parent company of Student Launcher, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services' content is permitted without the express prior permission of Student Launcher, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to support @ StudentLauncher.org
(9) REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
Use of this Service is at your sole risk. Student Launcher provides the tools, the Site, and the services on an “As Is”, “As Available” basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law, Student Launcher expressly disclaims any and all such other warranties. Student Launcher makes no representation as to whether all or any portion of the online Donations are tax deductible. Student Launcher will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns.
(10a) Indemnity by Student Launcher:
Student Launcher agrees to indemnify, defend and hold harmless You and (if applicable) Your officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging that the services hereunder or the Student Launcher Materials (i) violate or infringe the Intellectual Property Rights of such third party or (ii) violates any applicable law, rule or regulation.
(10b) Your Indemnity:
You agree to indemnify, defend and hold harmless Student Launcher and its officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) that Your Materials or the use thereof by Student Launcher or Donors, (i) violates or infringes the Intellectual Property Rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (B) fraud or misrepresentation by You in connection with Your status as a nonprofit entity.
(c) Procedures. A party seeking indemnification hereunder (the “indemnitee”) shall promptly notify the other party (the “indemnitor”) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defense and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defense or settlement of such claim.
(d) Remedies. This Section 11 states each party's entire obligation to the other party and such other party's sole remedy with respect to any claim of infringement.
(11) LIMITATIONS ON LIABILITY
Student Launcher's liability to You for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this Service shall be limited, to extent applicable, to (i) the actual direct damages incurred by You, in an amount not to exceed the total revenue received by Student Launcher resulting from your use of the Service provided hereunder during the most recently preceding 12-month period, or (ii) your discontinuance of any further use of such items or the Service. Student Launcher shall not be liable for: (i) damages caused by Your failure to perform Your responsibilities; (ii) claims or demands of third parties (other than those third party claims covered by Section 10); or (iii) any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if Student Launcher has been advised of the possibility of such damages. The foregoing limitations shall not apply to: (i) the payment of settlements, costs, damages and legal fees referred to in Section 11; or (ii) your obligation to pay amounts owed as compensation for the services hereunder. Notwithstanding the foregoing, to the maximum extent permitted by law, Student Launcher disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if Student Launcher has been advised of the possibility of such damages) arising out of (i) your use of the Student Launcher Site and Services or your inability to do so, (ii) your reliance on any content provided on the Service or through the services provided thereunder, and/or (iii) goods and services in any way associated with this Service and the services thereunder. The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.
(12) FORCE MAJEURE
Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
(13) TERM & TERMINATION
Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by Student Launcher or (ii) your ceasing to use the Service. Sections 2, 4, 6, 7, 10, 11, 12, 14 and 17 shall survive any termination or expiration of these terms and conditions.
(14) USER CONDUCT
You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and Student Launcher tools and services.
These terms and conditions will be governed by and construed in accordance with the laws of the New York City, without reference to its conflicts of laws rules. Any provision of these terms and conditions that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. Except to the limited extent set forth in Section 1(b) above, neither these terms and conditions, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Student Launcher's prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. No failure of Student Launcher to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.