- a. PointApp.org (“website” or “Site”)
- b. POINT mobile applications (“app” or “apps”)
- c. POINT dashboard (“dashboard” or “Site”).
- a. The terms “POINT”, “events,” “we,” “us,” and “our” include POINT.
- b. We use the terms “you”, “your,” and “member” to mean any person using our Platform, and “organizers”, “event sponsors”, “event organizers”, “organization administrator”, “event leader”, “charity administrators”, or “charity organizers” to mean any organization or person using the Platform on an organization’s behalf.
- c. We use the word “Platform(s)” to mean any website, application, or service offered by POINT including content we offer and electronic communications we send.
4. Your Account and Membership
- a. Summary: Use of the POINT Platforms may require creating an online account. The account must be created as accurately as possible. You are solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure. Volunteers must be at least 13 years old. Charity organizers control the Content and enforce the minimum age requirement of the events. We reserve the right to remove any Content you post and may terminate your account at any time.
- b. Account Creation. You must be a human in order to use the Platform. Accounts may not be registered by “bots” or other automated means. To complete the registration process, you must provide your full legal name, a valid e-mail address and any other information requested by the Platform. You are the only person permitted to use your login and a single personal login may not be shared by multiple people (this excludes charity accounts which can be run by more than one administrator). By using the Platform you agree to (i) provide true, accurate, current and complete information about yourself as requested by the Platform and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide information that is false, inaccurate, outdated or incomplete, or POINT has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we reserve the right to suspend or terminate your access to the Platform and prohibit your future use of the Platform.
- c. Eligibility. Our Platform is available to anyone who is at least 13 years old. By creating an account, you verify that you are at least 13 years of age. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for an event may be set by the organizers of that event. By registering for an event, you agree that you meet the eligibility requirements set forth by the organizers. If you are found to be in violation of these eligibility requirements, we reserve the right to suspend or terminate your account.
- d. Suspension of Your Account. We may modify, suspend or terminate your account or access to the Platform if, at our sole discretion, we determine that you have violated these Terms (including any of the policies or guidelines that are referenced within these Terms), it is in the best interest of the POINT community or to protect our users, brand and Platform. We also may remove accounts of members who are deemed inactive fo r an extended period of time.
- A member who has the ability to moderate or manage a particular portion of our Platform (usually the charity coordinator or event organizer) also has the ability, at their sole discretion, to modify, suspend, or terminate a user’s access to that portion of the Platform. This may include, but is not limited to, situations in which an event organizer can suspend access to a user’s ability to register for events they post, based on past violations of that charity’s volunteer guidelines.
- f. Account Information and Security. When you register, you provide POINT with some basic information, including an email address and a password. You are responsible for keeping their email address, password, and other account information current and accurate. You are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If an unauthorized person has gained access to your account, or you suspect that this may have occurred, notify us immediately. Company cannot and will not be liable for any loss or damage from your failure to comply with security obligations.
- g. User Content and Responsibility. If you are a user (e.g. charity organizer) who has the ability to moderate or manage a portion of the Platform, you are entirely responsible for the Content of your portion of the Platform and any subsequent harm resulting from that Content. This includes content of any form such as event listings and any accompanying text, photo, video, and audio recordings. We reserve the right to take down any Content that we feel violates our Community Guidelines and reserve the right to discontinue the membership of anyone who continually posts harmful Content. If you are an event organizer, you are responsible for resolving all support questions, comments, and/or complaints directed at your organization. You should provide contact information, so users may contact you with questions or complaints.
5. Fees, Payments, and Offers
- a. Summary: We charge for certain features on our Platform. If you are an organization administrator, you are responsible for paying for your organization’s subscription fees and ensuring payment information is up-to-date. These fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription). POINT may change our fees and pricing in the future. We will give users advance notice if this occurs. Some organizers may charge money for participation in a certain event, or require fundraising in order to participate, and we leave this decision at their sole discretion.
- b. Fees Charged by POINT. Some features of our Platforms are free, while others are only available for a fee. Downloading the app will always be free. However, some features such as those used by event organizers may be available only through paid subscription. We reserve the right to add or modify any fees at any time for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. All fees are exclusive of applicable federal, state, local, or other taxes. Organization subscriptions are non-transferable.
- c. Fees Charged by Organizers. Organizers may charge fees associated with certain aspects of events posted on the Platform. These may include fees for event supplies or materials, additional trainings, donations or fundraising requirements in order to participate. The decision to charge fees and the amount of those fees is at the discretion of those organizers. Any and all payments by users to organizers must be made through a separate platform. POINT does not accept any responsibility or liability for such payments, and is not authorized to process or refund them.
- d. Fees Charged by POINT. Organizers are responsible for paying subscriptions and any other applicable fees to POINT on time and through our approved payment methods. POINT offers different fee structures and levels of service. By signing up for a particular level of service, you agree to pay POINT the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to have an account on our Platform, your subscription will renew automatically. If we change pricing for a service to which you are subscribed, we will notify you before your subscription is set to renew. If you need to upgrade to a new subscription tier (e.g., you need to manage more volunteers than your subscription tier allows), the user must contact POINT to change the subscription tier.
- e. Removal of Non-paying Accounts. If the subscription payment fails or has been cancelled for multiple months, POINT may remove your account, all information and content associated with the account, and all events associated with the account. If we terminate, suspend, or remove your account in connection with violation of these Terms, we are not obligated to refund any organizer subscription fees paid to POINT.
- f. Payment Methods. You may only pay fees to POINT using a valid payment method acceptable to us, as specified via the Platform. You represent and warrant that you are authorized to use the payment method you designate via the Platform. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to POINT, including any applicable taxes and other charges. Your payment may be suspended or cancelled if the payment method cannot be verified, is invalid, or is otherwise not acceptable to us. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
- g. Automatic Subscriptions. Fees for certain aspects of our Platform are invoiced on a recurring basis. Fees must be paid in advance of the applicable period specified via the Platform, or invoiced automatically every 30 days. If invoiced automatically, we will invoice you for each renewal period on a consistent day each month until cancellation. By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee.
- h. Refund Policy. We are unable to grant prorated or partial refunds. If you cancel your account prior to the end of your selected invoicing period, you will continue to have access to your account until your invoicing period ends. In the event that you intended to cancel your account but forgot to do so prior to the start of a new invoicing period, and you have not used the Platform during the new invoicing period, please contact us at email@example.com and we will assist you. We understand that there might be extenuating circumstances, Whatever it is, reach out to us at firstname.lastname@example.org and we’ll do our best to make it right.
6. Content and Privacy
- c. Legality. By using our Platform, you also agree that any Content posted on the Platform complies with any applicable laws or regulations. Remember that most, if not all, content posted on POINT is public, which means that you should use your best judgment when setting up your events, running events, posting Content, and recruiting volunteers/ registering as a volunteer. This may mean that you choose to share or not to share specific addresses, contact information, or names in the public feed on the Platform.
- d. Content Ownership. POINT does not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect POINT and our Platform, and to ensure we do not violate any rights you may have in your Content, by using POINT you grant POINT a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize the copyright, trademark, publicity rights you have in your Content during the Term of this Agreement.
7. Your Use of Our Platform
- a. Summary: We require that that you follow our policies and guidelines when using our Platform. All Content posted on the Platform must follow our Community Guidelines.
- b. POINT Policies. By using the Platform you agree to our Community Guidelines. You agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may temporarily suspend or permanently block your account or access to the Platform, at our sole discretion.
- c. Content of Others. POINT does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
- d. Interactions with Others. POINT is not a party to any offline arrangements made through our Platform. POINT does not directly conduct background checks on members and does not attempt to verify the truth or accuracy of statements made by members. (However, POINT will work with a third party conduct background checks). POINT makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
- e. No Resale. Our Platform contains proprietary and confidential information and is protected by intellectual property laws. You may in no way, willfully or by accident, alter or otherwise modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others.
- f. No Technical Interference with the Platform. You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
- g. Platform Modifications. We may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
- h. Third Party Sites and Services. The Platform may contain links to third party sites and is integrated with various third party services, applications, and sites that may make available to you their content and products. We do not control these third parties and are not responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
8. Release, Indemnification, Liability and Warranty.
- a. Summary: POINT is not responsible for any losses incurred through the use of the Platform, and you release us from financial responsibility from any lawsuits arising from your use of the Platform.
- b Release. You hereby agree that all POINT officers, agents, employees, parents, affiliates and successors are not liable for any loss, be it personal or monetary, or any damages without limitation, including personal injury, property damage or death that is either directly or indirectly related to any event posted on the POINT app or any interaction affiliated with or arising from your use of the Services.
- c. Indemnification. You agree to indemnify, defend and hold all POINT affiliates harmless from any Claims, made by any and all third parties due to or arising from (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platforms, (c) your Content or any Content you interact with, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or behavior in a POINT event that violates this Agreement. You agree to promptly notify us of any third party Claims, and cooperate with all POINT Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
- d. Limitation of Liability. You agree that in no event shall any POINT Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss whether it be tangible, intangible, monetary, or personal (even if any POINT Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platforms or this Agreement or the inability to use our Platforms (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platforms, (c) your use of our Platforms or transportation to or from POINT events, attendance and participation or exclusion from events, actions of any person or entity at the event, or (d) any other matter relating to the Platform.
- e. Warranty. Our Platforms are provided to you “as is” and on an “as available” basis. We disclaim all warranties of any kind, including but not limited to statutory, implied, non-infringement warranties and conditions of any kind. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.
10. Ownership, Copyright and Intellectual Property
- b. Intellectual Property. Do not use any intellectual property of or pertaining to POINT or our Platforms without express written permission. While using our Platforms, ensure that all Content posted is your own and/or you have the rights to it, and do not infringe on the intellectual property of others. Any Content that we believe may be infringing on the property of other users or entities may be removed without notice and we may suspend the user’s account. If you believe your intellectual property rights have been violated, please inform our team immediately.
- c. Reproduction. You are not permitted to reproduce, duplicate, copy, sell, resell, exploit or use for your own profit any portion of the Platform without the express written consent of POINT. You may not modify, adapt or hack the Site. The modification of another website so as to falsely represent association with the Site or Company is strictly prohibited.