(Last updated February 26th, 2022)
This Agreement may be modified by CPP in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by CCP on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately stop participating in the Program and accessing and using the Website.
This Agreement is divided into the following sections:
1. Participation in the Program
2. Acceptable Use
3. Proprietary Rights
4. Disclaimers; Limitation of Liability
5. Governing Law; Resolution of Disputes; Arbitration and Waivers
7. Entire Agreement; Severability; Assignment
1. Participation in the Program
CCP manages the Website, which matches other persons (each, a “Doner” and, collectively, “Doners”) with creators in need of affordable donations (each, a “Recipient” and, collectively, “Recipients”).
By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that CCP makes no representation, warranty, covenant or guarantee that any funds you donate to a Recipient via the Website will be used for what is being presented. Donations made via the Website are generally not cancellable or refundable by the User, though an official request to Paypal to cancel a Donation can be initiated at any time.
CCP will hold the donations in a deposit account established for the benefit of Recipients until the goal for the Recipient is reached, and then release the targeted funds to them. (“User Funds Account”). CCP will not use such amounts for general operating expenses; however, CCP reserves the right to charge certain transfer fees between the User Funds Account and Recipient, as directed by Paypal.
1.1 Donating Through CCP’s Website. The Website displays Donation requests from Recipients seeking funding from Users. You can visit the Website, search through the entire list of Recipients’ Projects (herein, “Projects”) and donate to one or more, all of or part of, a Project’s goal. When you make a Donation, CCP places it in a holding fund for its Recipient until the Project’s goal is reached. At no time are these funds used in any way, and the Recipient receives as much of that Donation as Paypal allows, minus any transfer fees. You acknowledge and agree that any Donations transacted pursuant to Recipient’s goal are susceptible to these fees.
1.2 Email Information
1.3 Tax Deductibility Information. You understand that CCP is NOT a non-profit public benefit corporation. CCP will not receive exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. Funds you donate to CCP’s Recipients are NOT eligible for tax deductibility in the United States. You acknowledge that making a Donation on the Website does not constitute a charitable donation, and therefore you are not eligible to receive a tax deduction for any Donations given to a Recipient through the Website. You also understand that you are solely responsible for determining the proper tax treatment for any Donation you make through the Website and the Program. CCP has not and will not provide any tax or legal advice to you in connection with any Donation you might make. This Agreement does not attempt to define the tax implications of participating in the Program. If you participate in the Program, you should consult with your own accountants, tax advisors and legal advisors.
1.4 Donation Records. Records of each Project you fund (including this Agreement) are kept by CCP and will be made available to you at any time upon request.
1.5 Promotional Products and Alerts. CCP may offer through a User’s email address certain promotions and promotional products to Users, including but not limited to new features, new Recipients Projects, special holiday features, advertisers that use our site (and limited only to comics, webcomics, or the comic industry in general), and others. Any other specific terms posted by CCP with respect to such promotions and promotional products, shall apply to all Users’ participation in the promotions and use of promotional products.
You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of CCP or any User, Recipient, or other person. You may not use the Website in any manner that, in CCP’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, or by “keyword stuffing” lending team pages (loading a page description with keywords in an attempt to manipulate the page’s ranking in search results). Although CCP assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Recipient profile, (iii) promote or enable illegal activities, (iv) defraud or deceive any person, (v) promote or solicit involvement in support of any political platform, legislation or campaign activity for or against political candidates, (vi) publicly share harassing, abusing, or harmful information about a Recipient or Project, (vii) access and use the Website by scripts, bots or other automated technology, (viii) contact, advertise to, solicit, “spam,” or sell to any User, Recipient, or other person without their prior explicit consent (provided that Recipients may promote their businesses to Users in a respectful way), or (ix) post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in CCP’s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; is defamatory, libelous, or invades another person’s privacy or proprietary rights; or contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices.
CCP reserves the right at all times (but will not have an obligation) to restrict, suspend or terminate the participation of any User from the Website and the Program at any time, with or without prior notice. In order to protect Users and other persons from advertising, solicitation or harassment, CCP reserves the right to remove or refuse to post or distribute any content from the Website that violates acceptable use in CCP’s sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that CCP deems appropriate, in CCP’s sole and absolute discretion.
2.2 Safety and Security. To protect your own safety and well-being, you agree to take prudent safeguards and precautions in your participation in the Program, including without limitation in your interaction with other Users, whether offline or online. CCP strongly recommends that you do not post any personal contact information (for example, personal email addresses, personal phone numbers or home addresses) and use your discretion if any person (a) requests to communicate outside of the Website (for example, by email, phone or in-person), (b) requests money, goods or any similar type of assistance other than through an official Donation request on the Website, (c) asks for assistance with personal transactions (for example, depositing funds and shipping merchandise), or (d) requests your personal contact information or financial information. You agree never to share (i) your credit card number or bank information, (ii) Social Security Number or government-issued identification numbers (for example, driver’s license number) or (iii) mother’s maiden name or other private information that can be used to access your financial information. As with any interaction, keep in mind that it is always possible for people to misrepresent themselves.
In consideration of your use of the Website or participation in the Program, you agree to provide accurate, current and complete information about you as may be prompted by any Donation forms on the Website (“Forms”); (b) maintain the security of your information; and (c) be fully responsible for all use of your actions while on the Website, and for any actions that take place using your information, including your authorizing someone else to donate on your behalf and use your information. You agree not to impersonate any person or entity. You will promptly report to CCP any violation of this Agreement by others of which you become aware, including any Donations that take place without your permission. Reporting is the best way of preventing further fraudulent access. For errors regarding your use of the Website, you may contact CCP to investigate your complaint or questions.
3.1 Rights in Content on the Website. “CCP,” the “CCP” logo and other CCP graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of CCP (collectively, “CCP Images”). CCP Images may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CCP. CCP or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by CCP thereon (collectively, “Content”). The Website and Program contain the copyrighted material, trademarks and other proprietary information of CCP and its licensors. You may display and make limited copies of the Content for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of CCP. In addition, to the extent you receive information from CCP, its Trustees, or Recipients with respect to any Recipient, and that information is later removed from the Website, you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Recipient, if such Recipient has opted to have his or her identity withheld on the Website.
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to CCP in connection with or arising from your participation in the Program, including without limitation any feedback provided to CCP, (collectively “User Generated Content”), you agree to grant, and hereby grant to CCP an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless CCP from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
3.2 Notices of Infringement. To file a notice of infringing material on the Website, please provide a notification containing the following details:
- Reasonably sufficient details to enable CCP to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient details to enable CCP to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that CCP can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
Then send this notice to:
Scribes Unlimited, LLC
2652 Ashurst Road
University Heights, OH 44118 USA
If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
- 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 disabled;
- A statement, under penalty of 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 in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which CCP is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Then send this notice to the contact information provided above in this Section.
3.3 Third Party Content and Sites. The Website contains (or you may be sent through the Website) links to other web sites (“Third Party Sites”), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by CCP, and CCP is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by CCP. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that CCP’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
CCP is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Recipient or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Recipients are not liable for content created and posted on the Website and CCP is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, CCP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
CCP is not responsible for your interactions with any other User or any Recipient (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions. CCP reserves the right, but has no obligation, to monitor disputes between you and such persons.
Under no circumstances will CCP be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. CCP does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO CCP) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.
CCP will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by CCP or “force majeure” or any other cause beyond the control of CCP.
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. CCP cannot and does not verify the accuracy of information from other Users, or Recipients. CCP shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Donation to a Recipient or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. You acknowledge and agree that CCP is not acting as your fiduciary, and CCP assumes no advisory or fiduciary responsibility with respect to you in connection with the Website or your participation in the Program (including without limitation, regarding your Donations). In addition, in no event will CCP be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if CCP has been advised of the possibility of such damages, costs, losses or expenses.
This Agreement is governed by the laws of the State of Ohio, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and CCP, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in Cleveland, Ohio, if the amount claimed is greater than $100 and otherwise over the telephone or where CCP is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and CCP. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Ohio statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or CCP may seek any injunctive relief in a state or federal court in Cleveland, Ohio, as may be necessary to preserve rights pending the completion of arbitration and CCP may seek any injunctive relief in a state or federal court in Cleveland, Ohio, or another court of competent jurisdiction, at any time against any violations of Section 2 (Acceptable Use) or Section 3 (Proprietary Rights) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND CCP HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold CCP harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. CCP has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement, or to request a written copy of this Agreement.