Terms of Service
Effective: January 1, 2006, Updated: January 1, 2021
Overview
These Terms of Service, as amended from time to time, (“Terms of Service”, or “Agreement”) apply to your use of https://asfun.io/ (“Website”), the Software (as defined below), any web pages and social media pages operated by AllStar Fundraiser LLC (“AllStar”, “we,” or “us”), any Administrator Site (as defined below), and your use of any of the services that AllStar provides through any other channels, including over the telephone or through postal mail or email (collectively, “Services”).
By accessing, downloading or using the Services or any content from AllStar, you (“User”, “you”, “your”) acknowledge that you have read and agree to be bound by these Terms of Service and any Additional Policies incorporated by reference into this Agreement. If you do not agree to be bound by all the terms of this Agreement, you may not use the Services and should immediately stop accessing any Service offered by AllStar.
“Additional Policies” incorporated by reference into these Terms of Service include, without limitation, the Privacy Policy located at asfun.io/legal. In the event of conflict between these Terms of Service and any Additional Policies, the Terms of Service will govern.
AGREEMENT TO ARBITRATION. BY AGREEING TO THIS AGREEMENT, YOU AGREE TO RESOLVE DISPUTES WITH ALLSTAR THROUGH BINDING ARBITRATION (AND WITH VERY FEW LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER BELOW).
What Is AllStar?
AllStar is a technological platform that supports the lawful, charitable fundraising efforts (“Campaigns”) of eligible 501(c)(3), (c)(4) or other non-profit organizations established as such under the applicable laws of incorporation (“Non-Profit Organizations”).
AllStar’s Services include licensing a web-based software (“Software”) to Non-Profit Organizations and providing a web-based administrative platform (“Administrator Site”) to help such Non-Profit Organizations manage their Campaigns, for a licensing fee. Users who are customers and have administrative access to a Campaign and/or who have administrative access to an organization account on AllStar, and the Non-Profit Organization(s) that those individuals may represent shall be referred to as “Administrators.” AllStar’s Software is able to generate electronic copies of no-purchase necessary sweepstakes tickets (“Tickets”) that an Administrator may print and use in their own Campaigns. AllStar is not responsible for running any Campaign, including but not limited to, printing and distributing Tickets to third-party contributors (“Third-Party Contributors”), collecting donations (“Contributions”) or distributing prizes and winnings. As no purchase is necessary to obtain a Ticket, the defined term “Third-Party Contributor” includes both 1) persons that donated funds to an Administrator; and 2) those that did not contribute any funds to an Administrator, but obtained a free Ticket via an alternative method of entry.
As detailed in “Your Eligibility” below, Users are responsible for ensuring their own eligibility to run Campaigns, to participate in a Campaign, and their compliance with all relevant laws.
Services are platforms only. AllStar is not a broker, agent, financial institution, creditor, charity or 501(c)3 nonprofit corporation. The Services do not include the offer or sale of securities (as the term is defined in the Securities Act of 1933), and AllStar is not a broker-dealer or a member of the Financial Industry Regulatory Authority. The existence of the Services is not a solicitation of donations by AllStar, and AllStar does not engage in any solicitation activities on behalf of any individual, entity, or organization.
All information and content provided by AllStar relating to the Services is for informational purposes only, and AllStar does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice.
AllStar’s Role
We do not guarantee any User’s fundraising outcomes. We do not guarantee that any User of the Services will be able to raise a certain amount of funds for their Campaign, or any funds at all. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign.
We are not responsible for the appropriateness of any User’s Campaign or use of funds. AllStar shall not be responsible for the use of any funds raised by any User or Campaign. Potential Third-Party Contributors must make the final determination as to the value and appropriateness of contributing to any User or Campaign.
We do not guarantee prizes, winnings or refunds to Third-Party Contributors. Users running Campaigns are solely responsible for the delivery of prizes, winnings or refunds to any Third-Party Contributor.
We do not become involved in legal or non-legal disputes between Users and Third-Party Contributors. Users and Third-Party Contributors are responsible for resolving any disputes between them. AllStar takes no responsibility and does not have any liability for any disputes or violations of agreements between any Users and Third-Party Contributors.
We do not provide financial, tax, legal or other professional advice to Users or Third-Party Contributors. Users and Third-Party Contributors are solely responsible for determining how the financial and tax laws, solicitation laws, or any other laws, apply to running a Campaign or utilizing any of the Services. No content is intended to provide financial, legal, tax or other professional advice.
We do not endorse any User Content. All information, materials and other content added, created, uploaded, submitted, distributed, or posted to the Services by Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity who so added, created, uploaded, submitted, distributed, or posted such User Content on the Services. AllStar provides Users with an Administrator Site to manage their Campaigns but we do not pre-screen any Campaigns or endorse any User Content on any Administrator Site or Service. AllStar has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not endorse any User or Campaign and we make no guarantee, express or implied, that any User Content provided through the Services is accurate.
We may remove User Content at our discretion. We may remove any User Content that we determine to violate these Terms of Service. We do not communicate our reasons for removing, or keeping, User Content on the Website or any Administrator Site.
You are responsible for your Campaign. Users remain solely responsible for their Campaign and must comply with all obligations herein as the only responsible party for the Campaign.
Your Eligibility
By using the Services, you represent, warrant and covenant that:
All information you submit is truthful, current, complete and accurate;
You are at least 18 years of age;
If you are a User who is or who is requesting Services as an Administrator, you are a representative of a Non-Profit Organization and are authorized to raise funds and bind the Non-Profit Organization to these Terms of Service;
If you are a User who is or who is requesting Services as an Administrator, your Non-Profit Organization has and will maintain tax-exempt status under applicable law (for example, the United States Internal Revenue Code);
Your use of the Services does not violate any applicable law, regulation or reporting requirements in your jurisdiction, particularly but not limited to laws related to tax reporting and your eligibility to solicit donations, raise funds and run sweepstakes;
Your Non-Profit Organization is eligible to solicit donations and raise funds under all applicable federal, state, provincial, territorial and local laws and regulations, and will use the Services for a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations;
You are expressly and solely responsible for ensuring that your Campaign is approved for use in all jurisdictions where you may solicit Contributions, and you further agree to disallow or void any Contribution or entry from jurisdiction(s) not approved;
Before making any decisions regarding any information or content relating to the Services, you have consulted your financial, legal, tax or other professional advisor as appropriate;
All collected funds will be used solely for the purpose of supporting your 501c3; and
In compliance with the Privacy Policy, to the extent you share with us any personal data of any third-party for any purpose, including the names, email addresses and phone numbers, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us.
Your Account and Obligations
AllStar grants Users a limited, non-exclusive, non-transferable, and revocable license to use the Services, subject to the following terms and restrictions in using the Services:
You are responsible for your account. To use many of the Services, you will need to register and create an account with an email address and password. You must provide us with accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else or violate any individual’s rights. If you do so, we may cancel your account. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify AllStar immediately by contacting us at support@asfun.io. To the extent permissible under applicable law, we are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
Follow the law and our policies. You may not use the Services to violate the law, infringe or violate anyone else’s rights, or breach any agreements or legal obligations that you have toward anyone. You may not violate any of AllStar’s policies, rules, or guidelines.
Be truthful. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy.
Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, listservs, or any kind of autoresponder or spam on or through the Website or any Administrator Site.
Respect the property of others. You may not distribute software viruses, or anything else designed to interfere with (1) the proper function of any software, hardware, or equipment on the Website or an Administrator Site or (2) the use of the Website or an Administrator Site by any other User. You may not access our Website or Services if we have prohibited you from doing so.
Do not engage in activities that affect the functioning of the Services. You may not bypass any measures that we have put in place to secure the Services, take actions to gain unauthorized access to any system, data, passwords, or other AllStar or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Website or an Administrator Site.
Comply with these Terms of Service. You may not violate any of these Terms of Service.
Deleting your account. You may submit a request to delete your account by contacting us at support@asfun.io, but this will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for our legitimate business purposes. We have the right to monitor, terminate, suspend, or delete any User account for a User’s violation of these Terms of Service. Upon termination, you must cease all use of the Services. All provisions of these Terms of Service survive termination of an account, including our rights to User Content as described here and in the Your Intellectual Property section.
Your Legal Obligations to Third-Party Contributors
When an Administrator distributes a Ticket to a Third-Party Contributor in exchange for a Contribution to a Campaign or via an alternative method of entry, that Administrator enters into a legal agreement with that Third-Party Contributor. This includes, in addition to all terms in this Agreement and Additional Policies, the obligations to:
Provide delivery of any prizes, winnings or refunds in the timeframe that is communicated to the Third-Party Contributors;
Immediately notify Third-Party Contributors if there are obstacles or delays with the provision of any prizes, winnings or refunds;
Respond promptly and truthfully to all questions posed to you by Third-Party Contributors;
Comply with all applicable laws and regulations in the use of Contributions and delivery of any prizes, winnings or refunds, including, but not limited to:
Providing an affidavit of eligibility and liability/publicity release to the potential winner(s) of your Campaign as required by any regulatory authority; and
Providing any applicable taxing authority documentation to the winner(s) of your Campaign, including but not limited to, an IRS Form 1099; and
Respect privacy. When you use the Services or create a Campaign, you may receive information about Third-Party Contributors, including personally identifiable information such as names, email addresses, and physical addresses. This information is provided purely for the purpose of fulfilling the requirements of the applicable Campaign and other Services and may not be used for other purposes, including cross-promotional marketing, without separate, verifiable consent from the Third-Party Contributor. You will maintain records of all such verifiable consent.
Relationship between AllStar and Third-Party Contributors
By contributing to a User’s Campaign or requesting an alternative method of entry Ticket from a User, Third-Party Contributors enter into a legal agreement with a User, and not with AllStar. AllStar makes no guarantees to Third-Party Contributors that Contributions will be used as promised, or that the Campaign will achieve its goals. AllStar also does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign or Contribution, or the truth or accuracy of User Content posted on the Services, including an Administrator Site. Third-Party Contributors are solely responsible for determining how to treat their Contributions for tax purposes.
Your Intellectual Property
Your User Content remains your property and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. When you submit User Content to the Website, an Administrator Site or via the Services, you agree to the following terms:
You allow us to use User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to User Content.
We can make changes to or delete User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content.
You have all legal rights to User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms of Service to AllStar with respect to your User Content; (2) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms of Service or applicable law; and (3) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.
Our Intellectual Property
AllStar’s Intellectual Property. AllStar’s Services, content and marks, are legally protected in a number of ways, including copyright, trademark, service marks, patents, trade secrets, and other U.S. and international intellectual property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any of the Services, content or marks accessed through the Website or the Services. Unless permitted in writing by AllStar, you agree not to change, translate, or otherwise create derivative works of the Services.
Payment Information
You agree to make payment of all invoices within thirty (30) days from the date of invoice. AllStar currently accepts payment via check or Paypal. Checks should be made out to “AllStar Fundraiser LLC” and payments should be mailed to 36 Delle Ave. Roxbury Crossing, MA 02120 In the event an invoice is not paid in full, for any reason, within thirty (30) days from the invoice date, AllStar shall have the right to suspend all or any portion of the Services until such time as all invoices have been paid.
System Outages and Maintenance
The Services may be unavailable for scheduled maintenance and other purposes, or because of unplanned outages or other malfunctions. We are not responsible if the Services are unavailable, or if you lose any data, information, or User Content for any reason.
Warranty Disclaimer
To the maximum extent permitted by applicable laws, the Services and all Software are provided “as is” and “as available” and without any warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, non-infringement or course of performance or usage of trade, all of which are expressly disclaimed.
In particular, AllStar makes no representation or warranty regarding the legality of any Campaign administered by a User. USERS RECEIVING CONTRIBUTIONS FROM CAMPAIGNS USING ALLSTAR SERVICES ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LEGAL, REGULATORY AND TAX REQUIREMENTS THAT ARE APPLICABLE TO THEIR CAMPAIGN, ORGANIZATION AND JURISDICTION. You hereby acknowledge that AllStar has not sought, will not in the future seek, and is not obligated to seek, a ruling from any regulatory authority to determine whether any Campaign complies with applicable laws, regulations, or tax requirements in any jurisdiction.
While we try our best to ensure that the Services are always available, up-to-date and correct, AllStar does not warrant and expressly disclaims that: (i) Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements.
You hereby acknowledge that your use of the Services is solely at your own risk.
Indemnification
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless AllStar and their officers, members, employees, partners, contractors, representatives, and agents (“AllStar Parties”), from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms of Service or violation of any laws including, but not limited to, the legality of any Campaign. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
Limitation of Liability
You release us from all claims. When you use the Services, you release the AllStar Parties from 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 use of the Services.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and User Content, and any contact you have with other Users or third parties, whether in person or online, remains with you. AllStar will not be liable (whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not AllStar has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill.
In no event shall the total, aggregate liability of the AllStar Parties, arising from or relating to the Terms of Service, Services, or User Content, or from the use of or inability to use the Services exceed the total amount of fees actually paid to AllStar by you hereunder, or one hundred U.S. dollars if no such payments have been made, as applicable.
Dispute Resolution, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We encourage you to contact us if you have an issue, as most issues can be resolved without the involvement of a court or arbitrator. If negotiations do not resolve any disputes relating to your use of the Services or these Terms of Service, you and we agree to submit the dispute to arbitration.
The only exceptions to arbitration are (1) for intellectual property claims alleging misuse, infringement, or misappropriation of intellectual property; and (2) for claims falling within the jurisdiction of small claims court.
This arbitration must be administered by the American Arbitration Association.
Class Action Waiver. YOU AND ALLSTAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and AllStar agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Legal Disputes Not Subject To Arbitration will be handled in Massachusetts and Subject To Massachusetts Law
For any actions not subject to arbitration, you and AllStar agree to submit to the personal jurisdiction of a state or federal court located in Massachusetts. The Terms of Service and the relationship between you and AllStar shall be governed in all respects by the laws of the State of Massachusetts, without regard to its conflict of law provisions.
Miscellaneous
We may modify or discontinue the Services at any time, in our sole discretion.
These Terms of Service are the entire agreement between you and AllStar with respect to the Services, unless otherwise expressly agreed in writing by AllStar. They supersede all other communications and proposals (whether oral, written, or electronic) between you and AllStar with respect to the Services and govern our relationship. If any provision of these Terms of Service is 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.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to these Terms of Service.
No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and AllStar’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
You agree that to the extent permitted by law, any claim arising out of or related to the Services, whether brought in arbitration or before a court of law, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Changes to these Terms of Service
We reserve the right to modify these Terms of Service at any time, and if we make material changes to the Terms of Service, a notice will be posted on the Website prior to the effective date of the changes. If you do not agree to such changes following such notice, you should discontinue your use of the Services prior to the time the modified terms of service takes effect. If you continue using the Services after the modified terms of service takes effect, you will be bound by the modified terms of service.
Contact us
If you have any questions or concerns about AllStar’s Terms of Service, please contact us at support@asfun.io. We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.