If you register on behalf of a business, you represent to Nifty Campaigns that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.
Nifty Campaigns reserve the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. As long as you comply with this Agreement, Nifty Campaigns grants you a limited, revocable, non-exclusive, non-assignable, non-sub-licensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
In these terms, we refer to those raising funds as “Campaign Promoters” and to their funding campaigns as “Campaigns”. We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions". Campaign Promoters, Contributors and other visitors to the Service are referred to collectively as "Users."
Nifty Campaigns is a Funding Portal and Online Store
Nifty Campaigns is an online crowdfunding portal for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Promoters can offer gifts in the form of tangible items or intangible services (collectively, "Givebacks") to Contributors. Nifty Campaigns makes no representations about the quality, safety, morality or legality of any Campaign, Giveback or Contribution or the truth or accuracy of content posted on the website which may include links to other sites. Nifty Campaigns does not represent that Campaign Promoters will deliver Givebacks or that Contributions will be used as described in the Campaign. Users use the Service at their own risk.
Nifty Campaigns is also an online store that sells Campaign Promoter-designed products as an additional method of raising funds. Nifty Campaigns makes no representations about the content or message these products may convey. Users use the Product at their own risk.
You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
Campaign Promoters are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your Campaign is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Campaign, offering Givebacks and using Contributions.
Prohibited Product Designs
Campaign Promoters retain the rights to all artwork used to design a product for sale in Nifty Campaigns Store. Campaign Promoters are prohibited from using any trademarked materials without the written consent of the trademark owner.
Campaign Promoters are not permitted to offer or provide any of the following as a Giveback:
You are not eligible to buy Products from Nifty Campaigns if you are under 18 years of age. If you are between the ages of 13 and 17, you may buy Products with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your Products purchase. We reserve the right to deny the sale of any product, reject, cancel, interrupt any existing order at any time for any reason with a reasonable refund that meets our refund policy without any further liability.
Nifty Campaigns is not a place for hatred, abuse, disrespect, profanity, meanness, harassment, or spam. Do not:
We reserve the right to remove Campaigns and terminate accounts for such activities.
Disputes between Campaign Promoters and Contributors
Disputes between Campaign Promoters and Nifty Campaigns Regarding Details of Direct Funds Transfer to Recipient Organization
In cases where Campaign Promoters are raising funds as an individual for a larger organization, such as large non-profits, Nifty Campaigns will make its very best effort to set up a payment channel directly to the recipient organization on behalf of the Campaign Promoter that includes payment information calling out the name of the Campaign Promoter as the contributor for the funds. Nifty Campaigns is not responsible for any errors that occur on the recipients end. It is the responsibility of the Campaign Promoter to ensure the accuracy of payment designation for the recipient organization.
Your Account Information
All of your registration information must be accurate and truthful. You agree to notify Nifty Campaigns immediately if you discover that your account has been used without your authorization or there has been any other breach of your account's security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
Non-profit organizations that create campaigns must send Nifty Campaigns the proper government issued documentation stating their non-profit entity status to qualify for the discounted rate. Other Campaign Promoters who are raising funds for non-profit organizations must submit written authorization from the non-profit stating the Campaign Promoter is raising funds on behalf of the non-profit in order to receive the discounted rate.
All Users who sign up on the Site will be designated as a “Registered User” and regular rates apply until Nifty Campaigns approves of your discounted eligibility.
Our License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.
As a Campaign Promoter, you are permitted to offer Givebacks to Contributors. You shall meet all commitments you make in your Campaign including, but not limited to, delivering all Givebacks you offered with your Campaign. You will respond promptly and truthfully to all questions posed to you by Nifty Campaigns. If you are unable to fulfill any of your commitments (including delivering any Givebacks), you will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. You will comply with all applicable laws and regulations in your use of Contributions and delivery of Givebacks. You are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Givebacks. Nifty Campaigns may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
Products that are designed on the Site will be offered for Sale, and optionally can be offered as a Giveback. Nifty Campaigns holds all orders until the end of each week (minimum) before producing additional products for shipment. Nifty Campaigns will report to Campaign Promoter Weekly Total Sales, Weekly Product Costs, and Weekly Contribute to Promoter’s campaign as the result of sales. It is the Campaign Promoter’s responsibility to set reasonable prices for the Campaign Promoter’s products such that it does not result in a net loss of funding at the end of the week. (For Example: Campaign Promoter designs a T-Shirt that costs $10/each if 5 are ordered. Campaign Promoter sets the price at $15 dollars. That week, only 2 were sold for $30, but 2 shirts cost $35, thus a $-5 Contribution for the week). It is necessary that the Campaign Promoter properly estimate the number of shirts to be sold per week and price at least to a break-even point. Nifty Campaigns may send a notice to Campaign Promoter that pricing of a product is too low. Nifty Campaigns is not responsible for a net-loss in funding due to Campaign Promoter’s error or campaign sales performance.
Goods: Due to the extensive amount of work required prior to the printing and shipping of your order (e.g. artwork preparation), you will be charged at the time your order is placed.
Because of the customized nature of these goods, we do not allow cancellations once we begin printing an order. Orders enter the printing process as early as one business day after they are placed on our website.
Cancellations Before Printing Has Begun
We allow cancellations on orders that (i) have been processed but (ii) have not yet begun the printing process. Cancellations in this phase are subject to a fifteen percent (15%) cancellation fee of the order total. (This cancellation fee covers costs associated with preparing for an order, including artwork processing, prepress processing, and material preparation costs.) Orders are processed as early as minutes after they are placed on our website, and enter the printing process as early as one business day after they are placed on our website.
As a Contributor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Nifty Campaigns doesn't guarantee that Contributions will be used as promised, that Campaign Promoter will deliver Givebacks, or that the Campaign will achieve its goals. Nifty Campaigns does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Giveback or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution and receipt of any Givebacks for tax purposes. In the event you are issued a refund on your Contribution because of our inability to disburse funds to a Campaign Promoter, you will no longer be entitled to delivery of any Giveback associated with your contribution.
Fees and Payments
Setting up an account on the Service is free. We do not charge fees to Contributors, but we do charge fees to Campaign Promoters as a portion of the funds they raise. By using the Service you agree to our fees listed here http://www.niftycampaigns.com/plans-and-pricing. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Contributions are usually made via credit card or PayPal. We are not responsible for the performance of PayPal or any 3rd party credit card processing services.
Refunds of Contributions
Contributions, along with our fees and charges, are not refundable.
Your taxing authorities may classify funds you raise on Nifty Campaigns as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Campaign so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "Member Content"). You grant Nifty Campaigns and our users a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your Member Content on or in connection with the Service and our related marketing and promotional activities. As between you and Nifty Campaigns, you continue to hold all ownership interest in your Member Content. You represent and warrant that your Member Content and our use of your Member Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
All Campaigns on the Site may use PayPal for accepting funds. Therefore, Campaign Promoters and Contributors must agree to comply with the PayPal Acceptable Use Policy.
You agree to defend, indemnify and hold harmless Nifty Campaigns, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to your negligence, breach of these Terms or violation of any law. Nifty Campaigns may assume the exclusive defense and control of any matter for which you have agreed to indemnify Nifty Campaigns and you agree to assist and cooperate with Nifty Campaigns in the defense or settlement of any such matters.
Nifty Campaigns has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
NIFTY CAMPAIGNS (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO NIFTY CAMPAIGNS FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NIFTY CAMPAIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nifty Campaigns without restriction.
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. The provisions regarding use of website and Services at your own risk, Right to Refuse Service, DMCA, Indemnity, No Warranty, Waiver and Release, Limitation of Liability and General survive termination for any reason.
You agree that: (i) the Service shall be deemed solely based in Texas (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Nifty Campaigns, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Nifty Campaigns that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the City of Frisco and County of Collin, Texas. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals ("SDN") listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree Nifty Campaigns may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between you and Nifty Campaigns regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Nifty Campaigns’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Nifty Campaigns may alter these Terms at any time, so please review the policies frequently. If a material change is made, Nifty Campaigns may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A "material change" will be determined at Nifty Campaigns’ sole discretion, in good faith, and using common sense and reasonable judgment.
DMCA Notice and Complaint of Intellectual Property Infringement other than Copyright
The above information must be submitted to our DMCA Agent ("Designated Agent") by mail and email to the following addresses: (DMCA Agent Registration in Progress)
Nifty Campaigns, Inc.
Attention: Legal Department
11625 Custer Road, Suite 110-228
Frisco, TX 75035
Telephone & Fax: 888-997-2232
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:
Upon receipt of the Counter-Notice by the Designated Agent, a copy of the Counter-Notice may be sent to the complainant informing the complainant that Nifty Campaigns, at its discretion, may replace the removed material or cease disabling it in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless the Designated Agent receives written notice from the complainant that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your unauthorized use of the material on the Service.
If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the complainant are encouraged to work to an amicable resolution.
In accordance with the DMCA and other applicable laws, Nifty Campaigns has adopted a policy of terminating, in appropriate circumstances and at Nifty Campaigns sole discretion, repeat infringers.
Updates to This Agreement
July 18, 2014: First revision.