TERMS OF USE

 

This Terms of Use Agreement (“Terms” or “Agreement”) applies to your access to, and use of this website (the “Site”) of projektkarma (hereafter “projekt karma”, “We” or “Us”) an online social good service of projekt karma LLC's crowdfunding platform (collectively with the Site, referred to herein as “the Service”). This Agreement applies to all Users of the Service, including Users who access or use the Service through this Site or through related software.  By using the Service in any way, including by visiting or browsing this Site (other than to read this Agreement for the first time), you (hereinafter “You” or “User”) agree to be bound by the Agreement, our Privacy Policy, and any additional terms as may exist from time to time.  The Agreement applies to all Users, including Users who are also contributors of content, information, or other services. 

 

If You have questions about this Agreement, please contact projekt karma at info@projektkarma.com.

 

Ability To Accept The Agreement

 

The Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13).  Use of the Service by anyone under thirteen (13) is unauthorized and in violation of the Terms.  By using the Service, You represent and warrant that You are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, affirmations, and representations set forth in the Agreement, and to abide by and comply with the Agreement.

 

Acceptance Of Terms

 

The Service is offered subject to Your acceptance of all of the terms and conditions contained in the Agreement and all other operating rules, policies and procedures that may be published on the Site.  We reserve the right to unilaterally amend the Agreement at any time, in Our sole discretion, by posting amendments to the Site.  Any amended or modified terms or conditions will be effective upon posting and You waive any right You may have to receive specific notice of such changes or modification.  Your continued use of the Service after such changes constitutes Your acceptance of the any modified terms or conditions.  Therefore, You should frequently review the Terms and applicable policies.  If You do not agree to any amended terms or conditions, You should stop using the Site and the Services.

 

By using the Service, You acknowledge and agree that You are entering into a legally binding contract with projekt karma governing Your use of the Site and Service, as modified from time to time, and that all registration information You submit is accurate and truthful.  We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria at any time.

 

If You are an individual accepting this Agreement on behalf of an agency or entity, You warrant that You have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.

 

Modification, Suspension, and/or Cancellation

 

We reserve the right to modify the Service, and change, suspend, or discontinue providing all or part of the content or functionality of the Service in Our sole discretion, with or without notice.  We may also impose limits on certain features and services or restrict Your access or parts or all of the Service without notice.  You agree that We shall not be liable to You or to any third party for any such actions.

 

Description Of Service

 

Projekt karma is an on-line social good organization that seeks to inspire individuals to make a difference in their communities. Projekt karma offers a crowdfunding service to help raise money for community needs across the world. The Service allows Users ("Projekt Managers") to create and publish projekt profiles using the Service to solicit financial contributions from donors ("Donors") and request support from other Users. Our merchant partner WePay, Inc. (“WePay”) collects, processes, and disburses raised monies for Projekt Managers.  Projekt karma does not, at any time, receive, process or hold any monies intended for Projekt Managers. 

 

Projekts: Fundraising and Commerce

 

Projekt managers can post campaigns to fund social good karma projekts. By supporting or creating a fundraising projekt, You agree to be bound by this Agreement, including the following terms:

 

  1. Donors agree to provide their payment information at the time they pledge to a campaign.  The payment will be collected at or after the campaign deadline only if the amount of money donated as of the deadline is at least equal to the fundraising goal.  A Donor will be charged the amount that he/she pledged.
  2. Donors consent to projekt karma and WePay authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
  3. Donors agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
  4. Donors may increase, decrease, or cancel their donation at any time during the fundraising campaign, except that they may not cancel or reduce their donation if the projekt fundraising phase is in its final twenty-four (24) hours and the cancellation or reduction would drop the campaign below its goal.
  5. For all karma projekts, projekt karma gives to the Projekt Manager each Donor’s User ID and pledge amount.
  6. Projekt karma does not offer refunds.
  7. Based on occasional failures of payments from Donors, We cannot guarantee the full receipt of the amount pledged minus fees.
  8. Projekt karma and WePay will deduct a Transaction Fee before transmitting proceeds of a campaign.  Transaction Fees may vary depending on region and other factors.
  9. We reserve the right to cancel a donation at any time and for any reason.
  10. We reserve the right to cancel, reject, interrupt, suspend, or a campaign/projekt at any time and for any reason.  We are not liable for any damages as a result of any of those actions.  It is our policy is not to comment on the reasons for any of those actions.

 

Transaction Fees 

 

Joining projekt karma is free. However, We do charge a Transaction Fee for certain services.  When a donation is made through projekt karma, a Transaction Fee is deducted just so We can make it happen and stay in business.  Our pricing is an administration fee of 5% on donations as well as a 2.9%+.030 fee from our credit card merchant company WePay.  We may choose to temporarily change fees for Our services for promotional events or new services, or increase or lower the Transaction Fee in the future.  Such changes will be effective upon posting on the Site.  All Transaction Fees will be nonrefundable, unless We, in Our sole discretion, determine that a refund is appropriate.  

 

Nonprofit organizations: If members are having donors donate to a non profit company, then make sure you have the correct non profit tax information so that you can deduct this amount for tax purposes.

 

 

Transaction Fees cover projekt karma costs associated with processing credit card payments and developing, maintaining and hosting the Site, plus other value-added services in order to make the most impact We can for You and Your community.

 

Crowdfunding on projekt karma is a more efficient way to fundraise for good causes. If You were to use direct mail, auctions etc., then in most cases You would have to spend 20%-30% of every dollar raised on marketing and hard costs. We are providing a more efficient way to raise money.

 

 

The Processing Fee helps cover the charities' and projekt karma costs associated with corporate expenses.

 

Projekt karma is a Vehicle/Platform

 

Projekt karma acts as a vehicle/platform for Users and is not directly involved in the transaction between Projekt Managers and Donors.  You agree that We have no control over, and are not responsible for, the actions of a Projekt Manager, including:

 

(a) The quality, safety, performance, or legality of any aspect of the karma projekts and pledge gifts listed.

 

(b) The truth or accuracy of a Projekt Manager’s projekts, projekt description, contents, and pledge gifts.

 

(c) The ability of Projekt Managers to complete the performance or guarantee the punctuality of projekts and deliver pledge gifts.

 

Projekt Managers/Members are fully responsible to Users for fulfilling any and all obligations implied or stated in any projekt they create and for overseeing the performance and punctuality of projekts.  We reserve the right to cancel a projekt and remove a projekt listing for any reason.  We do not oversee the performance or punctuality of projekts.  We are not responsible for any damage or loss incurred as a result of any dealings between Donors and Projekt Managers.

 

In supporting a projekt, a Donor initiates a non-binding transaction representing the Donor’s serious interest in the projekt, but this is not intended to create a formal contract between the Projekt Manager and the Donor.  All such dealings are solely between the Donors and Projekt Managers.  Projekt Managers are wholly responsible for fulfilling all obligations, both implied and stated, in any projekt that they create.  We are under no obligation to become involved in disputes between Donors and Projekt Managers, or between Users of the Site or Service and any third-party.  In the event of a dispute, You release projekt karma, its officers, employees, agents and successors from all claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.  This includes, but is not limited to, delivery of pledge gifts and completion of projekts, and any other terms, conditions, warranties, or representations associated with or arising from the Service.  We reserve the right to cancel a projekt at any time.

 

Projekt karma makes no guarantees regarding the performance or fairness of WePay.  Additionally, because of occasional failures of some credit cards, We cannot guarantee the full receipt of donated funds by Projekt Managers.  Projekt Managers may initiate refunds at Our discretion.  We are not responsible for issuing refunds of funds that have been collected by Projekt Managers.

 

 

Karma Points

 

Projekt karma recognizes Users who give back in their communities.  Projekt karma will offer karma points as awards for using the crowdfunding platform.

 

Points will be given for things We can verify:

 

  • 500 points for starting karma Klub at your school with at least 10 members- (verification from karma club advisor or school administrator needed)
  • 100 points for starting a projekt with a video.
  • 10 points for voting for a projekt or liking a projekt.*
  • 5 points for every dollar you donate to a projekt.

 

Look for new ways to earn points soon. Check the site for updates.

 

*only one vote per projekt, per person.

 

Points are not transferrable from one person to another.  In most instances project karma will only have rewards as long as the inventory lasts - most items will not be ongoing rewards.
 

 

Check for rewards often to take advantage of offers.

 

What do I get for my points? Besides good karma? You can redeem points for projekt karma merchandise and special awards from our sponsors.  Look for upcoming rewards!

How do We verify the points? 
At projekt karma, We trust You and work on an honor system to a point.  We will provide ways some points can be verified if You are using Our Site, We believe You want to make a difference in this world.  Thank you.

 

Account Registration

 

In order to access all of the features of the Service, such as donating to a cause, posting a projekt, etc., You must have a valid projekt karma password and account.  Projekt karma will ask for a valid e-mail address, and other information.  You will choose a password and name in order to gain access to Service.  You are responsible for all actions that occur under the User password account.  User passwords and accounts are non-transferable.

 

Account Security

 

You agree to immediately notify us, in writing, if there is unauthorized use of Your password or account or any other breach of security.  Make sure that You always properly exit or log off from the Service after each session.  We cannot, and will not, be liable for any loss or damage arising from Your failure to comply.  You agree to provide true and accurate, current and complete information as prompted by the Service registration form.  We reserve the right to suspend or terminate a User’s account and refuse any and all service in the event of a suspected security breach.

 

Personal Information

 

We use personal information collected from and about You in connection with Your use of the Site (e.g., as part of your Profile).  Our use of Your personal information is governed by our Privacy Policy, (the "Privacy Policy"), which is incorporated by reference into this Agreement.  By providing Your personal information subject to the terms of the Privacy Policy, You grant to projekt karma a perpetual, irrevocable, transferable, worldwide, royalty-free license to use, reproduce and store, and subject to Your privacy preferences, to display, publish, transmit and distribute such information in connection with the operation of the Site.

 

User Conduct

 

When You create an account or profile, submit an expression of interest, create a fundraiser or registry, list a projekt, or make a donation, You will be asked to provide certain personal information, such as Your name and contact information, and You will be given the opportunity to select one or more User names and passwords (collectively, your "User ID").  You acknowledge and agree that:

 

  1. You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;
  2. You represent that You have all rights in the information necessary to provide it to projekt karma;
  3. Your User ID is for Your personal use only and may not be transferred to any third party;
  4. You are exclusively responsible for the security and confidentiality of Your User ID and for all use of the Site that occurs in connection with Your User ID, with or without Your knowledge;
  5. You are required to completely log out of the Site at the end of each on-line session and to notify projekt karma right away if You learn of any unauthorized use of Your User ID;
  6. If You are accepting this Agreement as a User on behalf of an agency or other entity, You represent that You have the rights to submit the registration information on behalf of that agency or other entity;
  7. Projekt karma will not be liable for any loss or damage arising from Your failure to comply with this section; and
  8. You agree not to disclose confidential information and projekt karma proprietary information or use either except for the purposes specified in the Agreement.

 

This Site may include interactive features, including, but not limited to, message boards, friend feeds, web logs, email services, video, blogging, including without limitation, through third-party micro-blogging applications, and areas that allow for uploading or posting of User Generated Content (collectively, the "Interactive Features").  You are responsible for any material or User Generated Content that You post or otherwise provide on the Site.  We do not control the messages, information or files that You or others may provide through the Site.  When using the projekt karma Site or Interactive Features, You agree that You will not use such to:

 

-       Engage in fraudulent or unlawful activities of any kind;

-       Defame, abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;

-       Impersonate any person or entity; falsely state or otherwise misrepresent Your affiliation with any person or entity; or assert or imply that projekt karma or any Site user endorses any statement You make;

-       Obtain or transfer any protected material, content or information made available through any restricted portion of the Site to any non-restricted portion of the Site or to any public forum;

-       Restrict or inhibit any other person from using the Site.

-       Interfere with or disrupt the operation of the Site or any servers, hardware, or software used in connection with the Site;

-       Gain unauthorized access to the Site, account, computer system, or network connected to this Site, by any unauthorized or illegal means;

-       Post any identification documents of any kind about another person.

 

Without Our express written consent, You agree that you will not:

 

-       Copy or reproduce, resell or otherwise exploit for any purposes, commercial or otherwise, any element of the Site, including pictures, materials you see on this Site to anyone in that is competitive with projekt karma,

-       Change, adapt, translate, reverse engineer or disassemble any element of the Site.

-       Download Site content to create a separate database.

-       Remove any copyright, trademark or other projekt karma proprietary rights notice from the Site or any materials posted on or originating from the Site.

-       Use any technology (site search/retrieval application or other) to manually or automatically retrieve, index, "scrape," "data mine," "harvest" or in any way gather Site content, or reproduce or circumvent its navigational structure or this site.

-       Use the Site to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the Donor, or to distribute funds, seek grant proposals, or issue requests for proposals.

-       Engage in advertising or commercial solicitation of any product or service without Our written consent, except that using the Site for approved fundraising activities is expressly permitted.

-       Use any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, program or file that may: (a) harm projekt karma or invade, harm, disrupt or hijack the operation of the Site; (b) mislead or harm any third party; (c) monitor access to or use of the Site by others.

 

Violations

 

If any User is reported to be in violation with the letter or spirit of these Terms, We retain the right to terminate such account at any time without further warning.  Please e-mail us at info@projektkarma.com to report any violations of the Agreement.

 

Disclaimer: Tax-deductible donations

 

Projekt karma provides a platform with access to 501(c)(3) charitable organizations so that You may make tax-deductible donations.  Projekt karma makes no representation as to whether all or any percentage of your donations, including, if any, Processing Fees or Transaction Fees, (collectively, “Donations”) are tax deductible.  Projekt karma will have no liability for any claim by any local, state or federal tax authority with respect to the characterization on any applicable tax return of any Donation made by a User of this site or any charity. Please consult a tax advisor with questions concerning Your Donation, or award/gift in connection to your Donation.

 

Indemnification

 

You agree to indemnify, defend and hold harmless projekt karma and its affiliated companies, officers, directors, employees, contractors, and agents, from and against any and all claims, demands, obligations, actions, costs, liabilities, debts, expenses, losses and damages of any kind (including, but not limited to, attorney's fees) resulting from: (i) Your use of and access to the Site or Service, including any data or work transmitted or received by You, (ii) Your violation of any term of this Agreement, including the Privacy Policy, (iii) Your violation of any third-party right, including without limitation, any right of privacy, publicity rights or intellectual property rights, (iv) Your violation of any law, rule or regulation of the United States or any other country, (v) any claim or damages that arise as a result of your User content or any content submitted via your account, or (vi) any other party’s access and use of the Site or Service with or without Your unique User name, password or appropriate security code.  Projekt karma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You of any matter subject to indemnification, in which event You will assist and cooperate with projekt karma in asserting any available defense, and, in any event, You shall not settle any matter without projekt karma’s written consent.

 

If You become subject to a third-party claim or demand, You shall give projekt karma written notice as quickly as possible.  Any delay by You in providing such notice shall not limit Our obligations pursuant to this Agreement except to the extent of any losses caused by such delay.  You may, at your own cost, participate, through Your attorneys or otherwise, in such investigation, trial and defense of such claim and any resulting appeal.

 

Termination

 

Projekt karma, in its sole discretion, may terminate this Agreement and terminate Your access to or use of the Site and/or Services, at any time and for any reason or no reason, with or without notice.  Upon termination, projekt karma may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, Your submissions, and/or bar any further access to such information or files.  You agree that projekt karma shall not be liable to you or any third-party for terminating this Agreement and/or terminating your access to the Site.  Nor shall projekt karma have any obligation to make information or files associated with the Site available to You after any such termination.  All provisions of the Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

 

Third Party Sites

 

Projekt karma may permit Users to link to other websites, advertisers, services or resources on the Internet, and other websites or resources may contain links to our Site.  When You access third-party websites or links, You do so at Your own risk. Third-party websites are not under Our control, therefore, We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by projekt karma or any association with Our operators.  If You access a third-party website from projekt karma, You do so at your own risk, and You understand that this Agreement does not apply to Your use of such sites.  You expressly release projekt karma from any and all liability arising from Your use of any third-party website or services or third-party content. 

 

Intellectual Property Rights

 

The Service provides Projekt Managers and Users with the ability to upload content to the Site.  We will not have any ownership rights in such content, however, We need the following license to perform the Service.  When You upload content on the Site, You hereby grant to Us the worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable, right to (and allow others acting on our behalf to): (i) use, host, reproduce, display and otherwise perform the Service on Your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit the content, along with all associated copyrightable works or metadata, including without limitation, photographs, graphics, slogans, service marks, logos, and descriptive text in connection with the Service); (ii) allow Us (and other Users) to stream, transmit, playback, download, display, feature, distribute, collect and otherwise use the content; and (iii) use and publish, and to permit others to use and publish, the names(s), trademarks, likenesses, and personal and biographical materials of You and the members of Your group, in connection with the provision of the Service.

 

You shall be solely responsible for Your own content and the consequences of submitting or publishing Your content on the Site.  You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the content You submit.  You further agree that the content You submit to the Service will not contain any third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant to Us all of the license rights granted.

 

Unless otherwise indicated above, the Site, the Service and other information or materials available through or used in connection with the Site or the Service, contain content specifically provided by Us or our partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws and shall remain the property of projekt karma and Our  licensors (including projekt karma Users) and suppliers.  You are granted a limited, non-sublicensable license to access and use the Site.  You agree not to reproduce, modify, sell or distribute, use or exploit such content for commercial use, or other than for its intended purpose.  Any use of the Site or the Service other than as specifically authorized herein, without the prior written permission of project karma, is strictly prohibited and will terminate the license granted herein. 

 

“Projekt karma,” “projektkarma.com,” and the projekt karma logo and any other product or service name or slogans contained on the Site or through the Service are trademarks of project karma and may not be copied, imitated or used, in whole or in part, without Our prior written permission.  You may not use any metatags or any other “hidden text” utilizing “projekt karma” or any other name, trademark or product or service name of projekt karma without Our prior written permission.  In addition, the look and feel of the Site and Service, including all page headers, custom graphics, button icons and scripts, is Our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without Our prior written permission.  All other trademarks, registered trademarks, product names or logos mentioned in the Site or through the Service 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 Us.  

 

Digital Millennium Copyright Act

 

If You are a copyright owner or an agent thereof and believe that any content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Copyright Act (“DMCA”) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3), for more information):

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that You claim has been infringed;
  • a description of where the material You claim is infringing is located on the Site, sufficient for Us to locate the material;
  • Your address, telephone number, and email address;
  • a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by You that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf.

 

If You believe that Your work has been removed or disabled by mistake or misidentification, please notify Our copyright agent in writing.  Your counter-notice must contain the following information:

 

  • a physical or electronic signature of the User of the Service;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under the penalty or perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • Your name, address, telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if You are outside of the United States, for any judicial district in which You may be found, and that You will accept service of process from the person who provided notification or any agent of such person.

 

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.  You acknowledge that if You fail to comply with all of the aforementioned notice requirements, Your notification or counter-notification may not be valid and that We may ignore such incomplete or inaccurate notices without liability of any kind.

 

Our designated copyright agent for notice of alleged copyright infringement is:

 

Projekt karma

E-mail:  info@projektkarma.com

 

Confidentiality

 

You agrees not to disclose confidential information and projekt karma proprietary information either except for the purposes specified in the Agreement.

 

Separate and apart from projekts, You can submit questions, comments, ideas, suggestions, or other information to Us about projekt karma, the Site or the Service (“User Disclosures”).  Projekt karma does not want to receive confidential or proprietary information from Users through the Service.  Projekt karma does not and cannot agree, and expressly disclaims any confidentiality obligations or use restrictions, express or implied, with respect to any User Disclosures.   Furthermore, any User Disclosures shall become Our sole property. We shall own, and You hereby assign to Us, all right, title, and interest, including all intellectual property rights, and to such User Disclosures, and We shall be entitled to the unrestricted use and dissemination of these User Disclosures for any purpose, commercial or otherwise, without acknowledgement or compensation to you.  You agree to execute any documentation required by us (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, projekt karma of such User Disclosures.   

 

Disclaimer Of Warranties.

 

You acknowledge that We have no special relationship of fiduciary duty to You.  You acknowledge We have no control over, and no duty to take any action regarding; which Users gain access to the Site; what content You access via the Site; what effects the contents may have on You; how You may interpret or use the content; or what actions You may take as a result of having been exposed to the content.  You expressly understand and agree that:

 

  1. Your use of the Site and the Services is at Your sole discretion and risk.
  2. The Service is provided on an "as is" and "as available" basis, 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.
  3. Without limiting Our obligation to deliver the Services set forth the Agreement, We make no guarantee for end results.
  4. We do not warrant that the content of the Site is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
  5. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Site or Service.

In addition, You assume all risk when using the Site and the Service, including by not limited to, all risks associated with any online or offline interactions with other users.   You acknowledge that projekt karma does not screen its Users, inquire into the background of its Users, attempt to verify information provided by its Users or conduct criminal screenings of its Users.  Projekt karma shall not be responsible for any loss or damage, including without limitation, personal injury or death, resulting from use of the Site or Service or from the conduct of any of its Users, whether online or offline.

 

Loss of Information

 

Projekt karma will make reasonable efforts to maintain the Service, however, We are not responsible for any damage, loss of data, User information or vendor data, revenue, or other harm arising out of delays, miss-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to User sharing of access to the service, or any other interaction with the service. User is responsible for maintaining and backing-up User data, content and information that may reside on the service.

 

Limitation Of Liability

 

You expressly understand and agree that We are not liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data or other intangible losses (even if projekt karma has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of User transmissions or data; (iv) statements or conduct of any third-party on the Service; or (v) any other matter relating to the Service.  Damages pursued against projekt karma by a User under any cause of action, whether sounding in tort, contract, or any other legal theory, shall at all times and in the aggregate be limited to the amounts paid or payable by User to Us under the agreement.

 

Anti-Reliance

 

You acknowledge and agrees that We have not made any representation, expressed or implied, as to the Service or as to the accuracy or completeness of any information regarding the Service except as expressly set forth in this Agreement. We shall not have, or be subject to, any liability to You or any other person resulting from the Service, or Your use of, or reliance on, any such information or any information, documents or material made available to You which have arisen out of or to have resulted from, in connection with, or by virtue of facts or circumstances of using the Site or Service, including, but not limited to any advertisements, communications, blog posts, or in any other form in expectation of, or in connection with, the transactions contemplated hereby.

 

Improperly Filed Claims

 

All claims you bring against projekt karma must be resolved in accordance with this Agreement.  All claims filed or brought contrary to the Agreement shall be considered improperly filed. Should you file a claim contrary to the Agreement, We may recover attorneys' fees and costs, provided that We have notified You, in writing, of the improperly filed claim, and You have failed to promptly withdraw the claim.

 

Internal Dispute Resolution

 

To facilitate the resolution of any and all disputes arising under or related to this Agreement, You and projekt karma agree to first attempt to resolve it informally for at least thirty (30) days after commencement of the informal resolution process. Informal resolution will be completed through a customer service device and shall commence within ten (10) days after receipt of a written notice from either party specifying the nature of the dispute (a "Dispute Notice"); provided, however, that nothing herein shall prevent or limit a party's right to immediately seek preliminary injunctive relief in a court of competent jurisdiction.  Unless both parties otherwise agree, either party may pursue its rights and remedies after the conclusion of the informal resolution process.

 

Enforceability

 

If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law.  The parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the Agreement.

 

Any disputes arising out of or related to the Terms of Use and/or you of the Site or Services shall be governed by the laws of the State of Washington without regard to its conflict of laws principles.  No waiver by wither You or Us of any breach of default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement.

 

No Third-Party Benefit

 

The Agreement is for the sole benefit of the parties here to and confers no rights, benefits, or claims upon any person or entity not a party hereto.  You may not assign any of Your rights hereunder and any such attempt is void.

 

Notices

 

Notice to You may be effected by sending an electronic mail to the electronic mail address specified in Your account, or by posting a message to Your account interface, and is deemed received when sent (for electronic mail) or no more than fifteen [15] calendar days after having been posted (for messages in Your Service interface).  Any notices to projekt karma are deemed given upon receipt and must be sent to projekt karma, info@projektkarma.com.  If You desire to withdraw your consent to receive notices electronically, You must discontinue Your use of the Site.

 

Site use in the United States

 

Projekt karma Site is hosted in the United States and is intended for Users located in the United States.  If you are a non–U.S. User of the Site, You agree to comply with all United States federal and state laws governing the Site, the online conduct and Services and content and User Generated Content.  As a User, You further agree to comply with all applicable laws regarding the transmission of data exported from the Untied States or the country in which You reside.

 

Severability

 

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

 

PRIVACY

 

Projekt karma is committed to respecting and protecting Your privacy.  We have  developed this Privacy Policy ("Policy") to ensure Your personal information is protected.  This Policy is part of the Terms of Use Agreement and should be read jointly with the Terms of Use.  This Policy explains how information about You is collected, used and disclosed by Us.  This Policy applies to the website of projekt karma, including www.projektkarma.com, and any projekts, other online and mobile applications, features or services (collectively “Site”).

 

This Policy addresses our privacy practices relating to the general use of our Site by anyone who visits, browses or otherwise uses the Site (collectively, "you").  Before submitting information to the Site, please read this Policy. By visiting the Site, submitting information, making a donation or using any of Our products or services, You acknowledge that You accept the practices and policies outlined in this Policy and consent to having Your data transferred to and/or processed in the United States.  If You do not agree to this Policy, please do not use the Site.

 

COLLECTION OF INFORMATION

 

We collect information about You in various ways when You use the Site.  The information We collect may include Your name, e-mail address, User name, display name, postal address, photos, videos, other contact or demographic information, and any other information You choose to provide.  In addition, when You use the Site, some information is automatically collected.  For example, We may collect Your computer’s operating system, Internet Protocol (“IP”) address, access times, browser type and the language and the website You visited before navigating to Our Site.  If You access the Site from a mobile device, We may collect information about the type of mobile device You use, Your device’s unique ID and the type of mobile Internet browsers You use.  We also collect information about Your usage and activity on the Site.

 

We automatically collect “cookies.”  Cookies are small data files stored on your hard drive by a website.  Among other things, cookies help us improve the Site and Your experience.  We use cookies, and other clear log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time You visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of the Service; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by Our Users or engineers that are associated with the IP addresses controlled by a specific web company or ISP; and (f) help You efficiently access Your information after You sign in.

 

Cookies do not contain or collect any personally identifiable information.  Most web browsers automatically accept cookies, but you usually can change Your browser to limit or prevent cookies. If You set Your browser to not accept cookies, it may result in certain personalized services not being provided to You when You use that computer.

 

A web beacon is a transparent image file.   Web beacons enable us to track website usage information, such as the number of times a given web page has been viewed. Web beacons are invisible to You and (unlike cookies) are not placed on Your computer.  They may be used in association with cookies to understand how visitors interact with the pages and content on the pages of the Site.  They allow Us to measure response to Our communications and improve Our web pages and promotions.

 

Web beacons also may be used to track whether You have opened an HTML email. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URL's (links within the email) were clicked.  Projekt karma does not use web beacons to collect or otherwise record any type of personally identifiable information provided by or about any User.    

 

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. that access the Service in a manner that sends more messages to the projekt karma servers than a human can reasonably produce in the same time period by using a conventional on-line web browser.  You agree that You will not collect or harvest any personally identifiable information, including account names, from the Service nor use the communication systems provided by the Service for any commercial solicitation purpose.

 

USE OF INFORMATION

 

We may use certain information about You and/or Your User Content without identifying You as an individual to third parties.  We use information collected through the Site for purposes described in this Policy and the Terms of Use.  For example, We may use Your information to:

 

  • operate and improve our Site and Services
  • respond to Your comments and questions and provide Services
  • monitory and analyze trends, usage and activities on our Site
  • provide and deliver services to You and to send You related information, including confirmations, technical notices, security alerts and administrative messages
  • to enforce our agreements with You, prevent fraud and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that We comply with applicable laws.

 

Our use of the information We collect not only allows Us to provide projekt karma as it exists today, but it also allows Us to provide innovative features and services We develop in the future that use the information we receive in new ways.

 

SHARING OF INFORMATION

 

We will not rent or sell personally identifiable information to others.  We may share Your personally identifiable information with third parties solely for the purpose of providing services to You.  If we do this, such third parties' use of Your information will be bound by this Privacy Policy.  We may store personal information in locations outside the direct control of projekt karma (for instance, on servers or databases co-located with hosting providers).

 

Except as otherwise described in this Privacy Policy, We will not disclose personal information to any third-party unless required to do so by law or subpoena or if We believe that such action is necessary to: (a) conform to the law, comply with legal process served on Us, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of Our site; and (c) to exercise or protect the rights, property, or personal safety of projekt karma, Our Users or others.

 

We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to help them understand the usage patterns for certain projekt karma services.

 

Projekt karma does not knowingly collect or solicit personally identifiable information from anyone under the age of thirteen (13) or knowingly allow such person to register or use our Service.  If You are under thirteen (13), please do not send any information about Yourself to Us, including Your name, address, telephone number, or e-mail address.  No one under the age of thirteen (13) is allowed to provide personal information to Us without a parent’s authorization.  In the event We learn that We have collected personal information from a child under the age of thirteen (13) without verification of parental consent, We will terminate the account and/or delete the information as quickly as possible and prohibit him/her from using or accessing the Service.

 

SECURITY OF INFORMATION

 

We take reasonable steps to help protect Your information in an effort to prevent misuse and unauthorized access, disclosure, alteration and destruction of Your personal information. We cannot, however, ensure or warrant the security of any information You transmit to projekt karma and You do so at your own risk.  Once We receive Your transmission of information, We take commercially reasonable efforts to ensure the security of Our systems.  However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards.

 

In the event that personal information is compromised as a result of a breach of security, We will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

 

CHANGES TO THE POLICY

 

We may change this Policy from time to time. If we make any material changes to Our Policy, We will prominently post notice of the changes on the Site.  We recommend that you check the Site from time to time to inform yourself of any changes in this Policy or any of our other policies.

 

USERS FROM OUTSIDE THE UNITED STATES

 

The Site is hosted in the United States and is governed by United States law. If you are visiting the Site from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where Our servers are located and Our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in Your country.  By using the Site, You consent to Your information being transferred to our facilities and to the facilities of those third parties with whom We share it as described in this Policy.

 

If You have any questions about this Privacy Policy, the practices of this Site, or Your dealings with this Web site, please contact us at info@projektkarma.com.