Terms of Service

SERVING UP CHANGE TERMS OF USE

The following Terms of Use (the “Agreement”) govern your access and use of the fundraising services and products (collectively, the “Services”) provided through www.servingupchange.com (hereafter referred to as the “Platform”), owned and operated by Serving Up Change, LLC (“Serving Up Change”, “we”, “us”, “our”). Your use of the Platform constitutes your acceptance of the Terms of Use provided below and your agreement to follow and be bound by these Terms of Use. Serving Up Change requests that you carefully read the Terms of Use provided below and the Serving Up Change Privacy Policy before using the Platform. These Terms of Use apply to (i) all individuals visiting the Platform, including those who attend a fundraiser or make a donation through Serving Up Change (“Customers”); (ii) restaurants that advertise and offer fundraising opportunities through Serving Up Change (“Participating Restaurants”); and (iii) organizations that coordinate fundraising opportunities with Participating Restaurants (“Participating Organizations”), except as otherwise specified herein. The functions facilitated by the Platform, including, without limitation, advertising of fundraising opportunities, coordination of fundraisers, the purchase and sale of gift cards, and collection of donations are collectively referred to herein as the “Services.”

  1. General Terms of Use

For purposes of this section only, titled “General Terms of Use,” the word “you” or “your” refers to any Customer; any Participating Restaurant; any Participating Organization; and any employees or agents acting on behalf of any such Participating Restaurant or Participating Organization.

YOU MAY ONLY USE THE PLATFORM PURSUANT TO THIS AGREEMENT. BY ACCESSING OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM.

Serving Up Change reserves the right, from time to time and without notice to you, to make changes to this Agreement in Serving Up Change’s sole discretion. Your continued use of any part of the Platform constitutes acceptance of such change. Although we may try to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version prior to using the Platform. If you do not agree to any modifications of these Terms of Use, you must not continue to use the Platform.

  1. License Use and Restrictions. Subject to the terms and conditions of this Agreement, Serving Up Change hereby grants to you the non-transferable, nonexclusive, limited license to access and use the Platform for personal and non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights. You shall not (a) copy or duplicate, in whole or in substantial part, the Platform; (b) distribute, transmit, publish, transfer, sell or commercially exploit in any way the Platform, in whole or in part; (c) reverse engineer, decompile or modify the Platform, in whole or in part; (e) use the Platform or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Platform or any other products or services provided by Serving Up Change and its affiliates; or (f) alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Platform. Serving Up Change may update, modify, or replace the Platform from time to time. Serving Up Change reserves the right to discontinue offering access to the Platform.

  1. Proprietary Rights. All information, graphics, photographs, format, design and other copyrighted material on the Platform (collectively, “Content”) and the operation and interface of the Platform are protected by copyright law and other intellectual property laws, and are owned by or licensed to Serving Up Change or its affiliates with permission of the owner. Unless you are the Content owner, you may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way without the prior written consent of Serving Up Change. Any breach of this Agreement shall immediately terminate the license and rights granted by Serving Up Change hereunder, and may subject you to civil and/or criminal prosecution.

  1. Accuracy of the Platform. Although we strive for accuracy in all elements of the Platform, it may contain errors, inaccuracies or omissions that may relate to fundraiser availability, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Platform is inaccurate at any time without prior notice. Serving Up Change is not responsible for your reliance on any information or content found on the Platform, and Serving Up Change makes no representations about the accuracy, reliability, completeness, or timeliness of the Platform, and is not responsible for the conduct, whether online or offline, of any person or organization using the Platform, including any violation of these Terms of Use.

  1. Transmission of Information. Because we do not control the security of the Internet or other networks you use to access the Platform or communicate with us, we can’t be, and are not, responsible for the security of information that you choose to communicate with Serving Up Change and the Platform while it is being transmitted. In addition, Serving Up Change is not responsible for any data lost during transmission.

  1. Termination. Serving Up Change may at any time, in its sole discretion, terminate this Agreement by discontinuing operation of the Services and the Platform. Serving Up Change reserves the right to terminate access of any party and prevent any party from accessing the Platform at any time and for any reason, including, without limitation, a violation of this Agreement or applicable law.

  1. Availability of the Platform. You agree that from time to time we may remove the Platform for indefinite periods of time or cancel the Services at any time, without notice to you. While we use reasonable efforts to keep the Platform and the Services accessible, the Platform of the Services may be unavailable from time to time for any reason, including, without limitation, routine maintenance. Serving Up Change reserves the right to terminate any party’s account and/or to prevent any party from using or accessing the Platform at any time and for any reason. Serving Up Change retains the right to determine the content, appearance, design, functionality and all other aspects of the Platform and the Services.

  1. Agency. Serving Up Change is not an agent of any Participating Restaurant or Participating Organization, and Serving Up Change is not a direct party to any fundraising agreement between any Participating Restaurant and any Participating Organization. The specific terms of all fundraising opportunities advertised through Serving Up Change must be agreed upon by the applicable Participating Restaurant(s) and Participating Organization(s). All parties to any such transaction should make any necessary investigations into the applicable terms and conditions before proceeding. SERVING UP CHANGE MAKES NO WARRANTY AS TO THE TERMS OR CONDITIONS OF ANY FUNDRAISING AGREEMENT BETWEEN ANY PARTICIPATING RESTAURANT(S) AND PARTICIPATING ORGANIZATION(S) AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH THEREOF.

  1. DISCLAIMER OF WARRANTIES. THE SERVICES AND THE PLATFORM ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. SERVING UP CHANGE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABIILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. FOR PURPOSES OF CLARITY, SERVING UP CHANGE MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY PARTICIPATING ORGANIZATION’S ELIGIBILITY TO RECEIVE CHARITABLE CONTRIBUTIONS UNDER THE INTERNAL REVENUE CODE OR STATE LAW.

You expressly agree that use of the Platform is at your sole risk. Neither Serving Up Change, nor any of its affiliates, nor any of their employees or agents, warrant that use of the Platform will be uninterrupted or error free; nor do they make any warranty as to (i) the accuracy, completeness, timelines,, reliability or content of any information or service offered through the Platform; (ii) that the quality of any products, services, information, or other material that you obtain or fundraisers that are organized through the Platform or the Services will meet your expectations; (iii) that the Services or the Platform will operate uninterrupted and error-free; (iv) the nature, quality, fundraising criteria, reliability or participation of any Participating Restaurant or Participating Organization or any information provided thereby; or (v) that the files available for downloading from the Platform, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties.

  1. Limitation of Liability. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SERVING UP CHANGE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, LOST PROFITS OR ANY OTHER SIMILAR DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE PLATFORM, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SERVING UP CHANGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SERVING UP CHANGE OR ANY PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF THE SERVICES OR THE PLATFORM OR FROM ANY CONTENT SUBMITTED VIA THE PLATFORM OR OTHERWISE IN CONNECTION WITH THE SERVICES. SERVING UP CHANGE SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RESULTING FROM YOUR USE OF THE PLATFORM OR THE SERVICES.

SERVING UP CHANGE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT OR USER COMMUNICATION. SERVING UP CHANGE IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE PLATFORM OR THE SERVICES.

  1. Indemnification. By using the Platform, you agree to indemnify, defend and hold Serving Up Change harmless from and against any and all claim, damages and costs, including reasonable attorneys’ fees and related expenses, arising from your use of the Platform or the material provided therein and any breach by you of these Terms of Use, including, but not limited to, any violation of charitable solicitation or commercial co-venture rules arising out of your acts or omissions.

  1. Communications With You. Serving Up Change may communicate with you regarding your use of the Platform or your submission of Content. You agree to receive e-mail communications that are necessary for the normal functioning of the Platform or in connection with the Services and to promptly comply with any and all such e-mail communications.

  1. Third Party Websites. The Platform may contain links to third party websites. Serving Up Change is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Serving Up Change. Inclusion of any linked third party website on the Platform does not imply approval or endorsement by Serving Up Change. When you access these third party websites, you do so at your own risk and become subject to the terms of use and privacy policies of those third party websites.

  1. Digital Millennium Copyright Act (“DMCA”) Notice. Serving Up Change is under no obligation to, and does not, scan third party content used or posted in connection with the Services for the inclusion of illegal or impermissible content. However, Serving Up Change respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another’s copyright. It is Serving Up Change’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.

If you believe any content on the Platform infringes a copyright, you agree to provide Serving Up Change with a written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Serving Up Change to locate the material;

• Information reasonably sufficient to permit Serving Up Change to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to Serving Up Change’s designated agent as follows:

If by e-mail: info@servingupchange.com

If by mail: Serving Up Change

Attn: Johnathan Mayo

9962 Brook Road

Suite 615

Glen Allen, Virginia 23059

  1. Compliance with Laws. You agree to comply with all applicable local, state, national and international laws, rules and regulations, including, without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

  1. Taxes. Neither the Platform nor these Terms of Use provide any legal or tax advice. You should consult your own tax advisors concerning the deductibility of any contributions made to a Participating Organization pursuant to the Internal Revenue Code or state law before making any contribution or entering into any fundraising agreement. Serving Up Change, the Platform, and these Terms of Use make no representations regarding the eligibility of any Participating Organization to receive charitable contributions. You should consult your own tax advisors about the deductibility of contributions to particular Participating Organizations.

  1. Dispute Resolution. This Agreement is governed by the laws of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the state and/or federal courts in the City of Richmond, Virginia with respect to any dispute, disagreement, or cause of action arising out of or related to the Services or the Platform.

  1. Waiver. Serving Up Change’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.

  1. Assignment. Serving Up Change may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Serving Up Change.

  1. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalid, illegal or unenforceable provision shall be deleted and shall not affect the existence or enforceability of any other provision of this Agreement.

  1. Customer Terms of Use

The following terms apply only to Customers. For purposes of this section only, titled “Customer Terms of Use,” the term “you” or “your” means a Customer.

  1. Permitted Uses of the Platform. The Platform provides both general information concerning our business and services and provides a web-based portal for you to submit information to us. As a condition of your use of the Platform, you agree that:

  • You are an individual person or an authorized person at least 18 years of age;

  • You will not transmit to the Platform material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it;

  • You will not send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them;

  • You will not send material that infringes on any intellectual property rights of others or on the privacy, publicity or other rights of others;

  • You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Platform;

  • You will not use the Platform or any of their resources to solicit other business partners of Serving Up Change to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Serving Up Change;

  • You will not send or post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing or that otherwise violates any applicable law;

  • You will not send sexually-explicit images;

  • You will not impersonate another person or entity;

  • You will not post, upload or share any content or information that is false, inaccurate or misleading;

  • You will not attempt to scan or test the security or configuration of the Platform or to breach security or authentication measures without proper authorization;

  • You will not tamper or interfere with the proper functioning of any page or area of the Platform and any and all functions and services provided by Serving Up Change;

  • You will not post, upload or share any content or information that contains any virus, worm, malware or other potentially damaging programs or data or attempt to interfere with the Platform, including, without limitation, attempting to overload, “flood”, “spam”, “mail bomb” or “crash” the Platform; and

  • You will not use the Platform or the services offered thereby in a manner inconsistent with any applicable laws and regulations.

  1. Your Account. To obtain access to certain Services, you may be required to obtain an account with Serving Up Change. Until you apply for and are approved for an account, your access to the Services will be limited to the areas of the Services, if any, that Serving Up Change makes available to the general public. When registering with Serving Up Change, you must: (a) provide true, accurate, current and complete information about yourself (“Registration Data”) as requested by the designated registration form; and (b) maintain and promptly update the Registration Data to ensure that it is complete, accurate, and up-to-date.

  1. User Submissions. Serving Up Change will own content or information you post or share using the Platform (referred to as “User Content”), such as comments, photos, or videos.

Therefore, Serving Up Change has the right, in its sole discretion, to reproduce, display, perform, distribute, and otherwise use User Content in connection with the Platform and for other Serving Up Change marketing purposes, including, without limitation, the Platform, email and other customer communications, social media, and other marketing. Serving Up Change may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Serving Up Change.

You promise that you own all rights to your User Content; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Serving Up Change may refuse to accept or transmit User Content for any reason, or remove User Content from the Platform for any reason.

  1. Purchasing e-Gift Cards. When you use the Services to purchase an e-mail gift card that has been designated for a particular Participating Restaurant (“e-Gift Card”), your e-Gift Card will be redeemable only at the Participating Restaurant designated in the e-Gift Card. Your e-Gift Card will not expire. In the event that a fundraiser is cancelled by a Participating Restaurant after that fundraiser’s campaign has been initiated on the Platform, you will receive a refund of the full amount of the e-Gift Card. In the event that a fundraiser is cancelled by a Participating Organization after that fundraiser’s campaign has been initiated on the Platform, you will not receive any refund, and the Participating Restaurant will still accept your e-Gift Card. The percentage of the e-Gift Card that is donated to the Participating Organization, and any conditions thereon, are agreed upon by the Participating Organization and the Participating Restaurant. For more information concerning the terms and conditions of a particular fundraiser, please contact the Participating Restaurant.

  1. Privacy. Please refer to Serving Up Change’s Privacy Policy, which can be found here, to review how your information is collected, used and shared. Your use of the Platform constitutes your acceptance of Serving Up Change’s Privacy Policy.

  1. Participating Restaurant Terms of Use

The following terms apply only to Participating Restaurants. For purposes of this section only, titled “Participating Restaurant Terms of Use,” the term “you” or “your” refers to any Participating Restaurant or any employee or agent of a Participating Restaurant acting on the Participating Restaurant’s behalf.

  1. License and Proprietary Information. As between you and us, you own all content and information you post or share using the Platform (“Restaurant Content”), including, without limitation, logos, photos, videos, artwork, sound clips, and text.

Your registration for the Services constitutes a grant to Serving Up Change of a non-exclusive, sublicensable, perpetual, royalty-free license to reproduce, display, perform, distribute, and otherwise use your Restaurant Content in connection with the Platform and for other Serving Up Change marketing purposes, including, without limitation, email, social media, other customer communications, and other marketing. Serving Up Change may display advertisements in connection with your Restaurant Content or on pages where your Restaurant Content may be viewed by your or others, and we may use your Restaurant Content to advertise and promote Serving Up Change.

You agree that you own all rights to your Restaurant Content or, alternatively, that you have the right to give Serving Up Change the rights described above, and your Restaurant Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Serving Up Change may refuse to accept or transmit Restaurant Content for any reason, and may remove Restaurant Content from the Platform for any reason.

  1. Your Account. To post fundraiser availability and access other Services through the Platform, a Participating Restaurant may be required to obtain an account with Serving Up Change. Until a Participating Restaurant applies for and is approved for an account, access to the Services will be limited to the areas of the Services, if any, that Serving Up Change makes available to the general public. When registering with Serving Up Change, a Participating Restaurant must: (a) provide true, accurate, current and complete information about the restaurant and its fundraising terms, conditions and availability (“Restaurant Data”) as requested by the designated registration form; and (b) maintain and promptly update the Restaurant Data to ensure that it is complete, accurate, and up-to-date.

  1. E-Gift Cards. You agree to honor all e-Gift Cards purchased for your Participating Restaurant in connection with a fundraiser organized through Serving Up Change, regardless of whether the fundraiser itself is cancelled by a Participating Organization or postponed. If you cancel a fundraiser after the fundraising campaign has been initiated on the Platform, all e-Gift Cards purchased prior to cancellation will be refunded to the Customers.

  1. Unclaimed Property. You agree to comply with all applicable laws relating to unclaimed property with respect to the e-Gift Cards and with respect to all obligations underlying, evidenced by, or represented by the e-Gift Cards. You acknowledge and agree that Serving Up Change does not have any responsibility, obligation, or liability, either to you or to any state or jurisdiction, in connection with the compliance obligations set forth in this Section. You agree to indemnify, defend and hold Serving Up Change harmless from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from any unclaimed property-related claims relating to the e-Gift Cards or any obligations underlying, evidenced by or represented by the e-Gift Cards. Nothing herein will be construed as an admission by you or by Serving Up Change that the e-Gift Cards, or any obligations underlying, evidenced by or represented by the e-Gift Cards, constitute unclaimed property.

  1. Personal Information. You agree to abide with the terms of Serving Up Change’s Privacy Policy with respect to any information you receive by virtue of your use of or participation in the Services or the Platform. You agree that you will not sell, rent, disclose or otherwise transfer any Personal Information (“Personal Information” having the meaning set forth in the Privacy Policy) provided to you by Serving Up Change to any third party without that individual’s express affirmative consent, except as required by law. You further agree that you will not use any Personal Information received pursuant to this Agreement for marketing purposes if the Customer has opted out of receiving such marketing. Any violation of this section constitutes grounds for termination of your access to the Platform and the Services.

  1. Promotional Coventure Agreements. Should you choose to enter into a Promotional Coventure Agreement with a Participating Organization via the form provided for that purpose on the Platform, you agree to abide by that Agreement. The Promotional Coventure Agreement is provided for convenience only, and is not intended to be relied upon for the purposes of ensuring your compliance with state law. Whether or not you choose to enter into a Promotional Coventure Agreement, you hereby agree that you have taken all necessary and appropriate measures to ensure your Participating Restaurant’s compliance with state charitable solicitation laws. In the event of any conflict between a Promotional Coventure Agreement and state law, state law shall control.

  1. Fundraiser Agreements. You agree that all contracts relating to the organization of fundraising events and the terms and conditions thereof (“Fundraiser Agreements”) are solely between you and the Participating Organization(s) coordinating the fundraiser. You agree to post any applicable terms and conditions specific to fundraisers with your Participating Restaurant (“Restaurant Terms”) on your Participating Restaurant profile page on the Platform, and to abide by those terms and conditions unless otherwise agreed in writing by you and the Participating Organization. Serving Up Change is not responsible for, and makes no warranty concerning, the arrangement, quality, success, postponement or cancellation of any fundraiser and is not responsible or liable for any breach of any Fundraiser Agreements or Restaurant Terms. You shall notify Serving Up Change immediately of any cancellation or postponement of a fundraiser arranged on the Platform, which notice shall include a brief description of the reason(s) for the cancellation or postponement of the fundraiser.

  1. Participating Organization Terms of Use

The following terms apply only to Participating Organizations. For purposes of this section only, titled “Participating Organization Terms of Use,” the term “you” or “your” refers to any Participating Organization or any employee or agent of a Participating Organization acting on the Participating Organization’s behalf.

  1. License and Proprietary Information. As between you and us, you own all content and information you post or share using the Platform (“Organization Content”), including, without limitation, logos, photos, videos, artwork, sound clips, and text.

Your registration for the Services constitutes a grant to Serving Up Change of a non-exclusive, sublicensable, perpetual, royalty-free license to reproduce, display, perform, distribute, and otherwise use your Organization Content in connection with the Platform and for other Serving Up Change marketing purposes, including, without limitation, email, social media, other customer communications, and other marketing. Serving Up Change may display advertisements in connection with your Organization Content or on pages where your Organization Content may be viewed by your or others, and we may use your Organization Content to advertise and promote Serving Up Change.

You agree that you own all rights to your Organization Content or, alternatively, that you have the right to give Serving Up Change the rights described above, and your Organization Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Serving Up Change may refuse to accept or transmit Organization Content for any reason, and may remove Organization Content from the Platform for any reason.

  1. Your Account. To coordinate fundraisers with Participating Restaurants, accept donations and access other Services through the Platform, a Participating Organization may be required to obtain an account with Serving Up Change. Until a Participating Organization applies for and is approved for an account, access to the Services will be limited to the areas of the Services, if any, that Serving Up Change makes available to the general public. When registering with Serving Up Change, a Participating Organization must: (a) provide true, accurate, current and complete information about the organization, including, without limitation, the organization’s tax-exempt status, or lack thereof , under Internal Revenue Code Section 501(c), (“Organization Data”) as requested by the designated registration form; and (b) maintain and promptly update the Organization Data to ensure that it is complete, accurate, and up-to-date.

  1. Registration Requirements. Where applicable, you represent and warrant that your Participating Organization is currently registered to solicit contributions or that it is exempt from such registration.

  1. Personal Information. You agree to abide with the terms of Serving Up Change’s Privacy Policy with respect to any information you receive by virtue of your use of or participation in the Services or the Platform. You agree that you will not sell, rent, disclose or otherwise transfer any Personal Information (“Personal Information” having the meaning set forth in the Privacy Policy) provided to you by Serving Up Change to any third party without that individual’s express affirmative consent, except as required by law. You further agree that you will not use any Personal Information received pursuant to this Agreement for marketing purposes if the Customer has opted out of receiving such marketing. Any violation of this section constitutes grounds for termination of your access to the Platform and the Services.

  1. Fundraiser Agreements. You agree that all Fundraiser Agreements and Restaurant Terms are contracts solely between you and the Participating Restaurant(s) coordinating the fundraiser. Serving Up Change is not responsible for, and makes no warranty concerning, the arrangement, quality, success, postponement or cancellation of any fundraiser and is not responsible or liable for any breach of any Fundraiser Agreements or Restaurant Terms. You shall notify Serving Up Change immediately of any cancellation or postponement of a fundraiser arranged on the Platform, which notice shall include a brief description of the reason(s) for the cancellation or postponement of the fundraiser.

  1. Promotional Coventure Agreements. Should you choose to enter into a Promotional Coventure Agreement with a Participating Restaurant via the form provided for that purpose on the Platform, you agree to abide by that Agreement. The Promotional Coventure Agreement is provided for convenience only, and is not intended to be relied upon for the purposes of ensuring your compliance with state law. Whether or not you choose to enter into a Promotional Coventure Agreement, you hereby agree that you have taken all necessary and appropriate measures to ensure your Participating Organization’s compliance with state charitable solicitation laws. In the event of any conflict between a Promotional Coventure Agreement and state law, state law shall control.

Please direct any questions or comments concerning these Terms of Use to info@servingupchange.com.