RAISE WITH DELLA® only provides an online reward-based crowdfunding fundraising platform to users to create projects to raise funds. RAISE WITH DELLA® makes no representation about the accuracy, safety or legality of any of the projects or user content posted on RAISE WITH DELLA® by users. RAISE WITH DELLA® does not represent the campaign owners and the users choosing to support projects by pledging and using the Services at their own risk.
Products and services serving people’s sexual needs, including medical, pharmaceutical, healthcare, mental health, media, and other innovations, technologically based or not.
RAISE WITH DELLA® has the right to remove any project that it believes violates the guidelines. Also, on a case-to-case basis the platform can review and decide to remove any project which it deems questionable. The user who creates a project fundraising page on RAISE WITH DELLA® to collect pledges for self, friend, family member or other project has the responsibility to comply with any applicable laws.
The user who creates a project fundraising page and raises funds is responsible to ensure that he/she uses the funds for the purpose stated on his/her fundraising page.
If there are any questionable campaigns that require intervention of government or regulatory bodies, RAISE WITH DELLA® will work with such bodies to take reasonable actions pertaining to such campaigns. If you see any questionable campaign on RAISE WITH DELLA® or see a violation of our guidelines, report the campaign by dropping us an email at firstname.lastname@example.org.
You must at all times use the Website and its associated services in a responsible and legal manner. In particular, but not exclusively:
- You must not upload offensive, obscene or racist content, including photographs, on to the Website. We do not actively edit the Website but reserves the right to remove or edit any content posted on the Website at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene or racist. If you notice any such content please send us a message at the Contact Us section of the website.
- If you create a fundraising page on RAISE WITH DELLA®, it is your responsibility to ensure that the content you are uploading on your page, in particular the photograph, is not copyright-protected. If it is, you must obtain the copyright owner’s written consent to use it. We reserve the right to remove any pictures, photographs or copy from personal fundraising pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please send us a message at the Contact Us section of the website.
- Other than in relation to your own fundraising page, you may not remove or change anything on the Website. In addition, you as a user must not:
- Misrepresent your identity or affiliation with any other person or organisation;
- Use the Website to send junk email or ’spam’ to people who do not wish to receive email from you;
- Use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
- Interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the our systems.
- We reserve the right to cancel your membership and delete any fundraising page without notice in the event of a breach of the above rules.
Building a fundraising page in no way implies RAISE WITH DELLA®’s endorsement of your fundraising activity.
RAISE WITH DELLA®, its services and all information provided herein are provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, RAISE WITH DELLA® expressly disclaims any warranty, condition, guarantee, term or representation as to the reliability, accuracy, completeness, and validity of any content or material on RAISE WITH DELLA®, and there is no warranty, condition, term or representation that the functions contained on the RAISE WITH DELLA® will be secure, uninterrupted or error-free, or that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. RAISE WITH DELLA® assumes no responsibility for errors or omissions in the materials on RAISE WITH DELLA®, including factual or other inaccuracies or typographical errors.
Each user agrees to defend, idemnify and hold harmless RAISE WITH DELLA®, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violations of any laws. RAISE WITH DELLA® may assume the exclusive defense and control of any matter for which users have agreed to idemnify RAISE WITH DELLA® and each user agrees to assist and cooperate with √ in the defense or settlement of any such matters.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use Our Services—subject to the Terms and the following restrictions in particular:
- You are responsible for your account. To use many of the Services, you will need to register and create an account with a username 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, choose a username that may offend someone, or violate any individual’s rights. 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 unauthorised use of your account, you should notify RAISE WITH DELLA® immediately by contacting us here. 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.
- Terminating your account. You may submit a request to terminate your account by contacting us here. This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our business purposes. These Terms, including our rights to User Content, survive termination of an account.
- You must be 18 years old. You must be 18 years or older to sign up for an account and use Our Services. Outside of the European Economic Area (“EEA”), minors between the age of 13 and 18 years are only permitted to use Our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. Children under 16 residing in the EEA are not permitted to access the Site or use the Services . You are responsible for any and all account activity conducted by a minor on your account.
- Follow the law and our policies. You may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you may have toward any party. You may not offer Perks that are illegal, violate any of RAISE WITH DELLA®’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation. All Users must abide by Our Community Guidelines . It is your responsibility to continuously monitor Community Guidelines as these may be updated from time-to-time at RAISE WITH DELLA®’s sole discretion.
- Be truthful. Do not post information you know is false, misleading, or inaccurate. Do not 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’s privacy.
- Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorised 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 Site.
- Respect the property of others. Do not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User.
- Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that we have put in place to secure Our Site or Services, take actions to gain unauthorised access to any system, data, passwords, or other RAISE WITH DELLA® 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 Site.
- Fees. There are no fees for creating an account on the Site. Campaign Owners are charged a Platform Fee as a portion of the Contributions they raise. In addition, Campaign Owners are charged a transaction fee by the payment processor. Transfer fees, or bank delivery fees, are also applied each time RAISE WITH DELLA® sends funds to a Campaign Owners’ bank account. The Platform Fees and transfer fees/bank deliver fees are effective on the date that they are posted and will be announced on the Platform Fee page.
As a Campaign Owner, when you create a Campaign on the Site and ask for Contributions, you understand that you are entering into separate legal agreements with both RAISE WITH DELLA® and with Contributors, and the following rules apply (in addition to the all other Terms and Additional Policies).
- Make good faith efforts to fulfill the Perks associated with a Campaign in the timeframe that is communicated to Contributors.
- Immediately notify Contributors if there are obstacles or delays.
- Be responsive. Respond promptly and truthfully to all questions posed by Contributors and any questions or requests RAISE WITH DELLA® makes.
- Updates. Provide substantive and quality updates at least once a month to Contributors.
- If you have received the Contributions from your Campaign, issue refunds to Contributors if you cannot deliver Perks .
- Comply with Laws. Comply with all applicable laws and regulations in the use of Contributions and delivery of Perks.
- Be Truthful and Transparent. Campaign Owners should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery. If you are unable to substantiate claims, RAISE WITH DELLA® may terminate your account, withhold funds, or other actions to enforce its rights under this Agreement and applicable law.
- Respect Privacy. When you use the Services by creating a Campaign, you may receive information about other Users, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to you purely for the purpose of fulfilling the Perks for the applicable Campaign and other Services, and may not be used or disclosed for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User obtained independently from RAISE WITH DELLA® or the Service. You will maintain, and be required to produce if requested, records of all such verifiable consent.
- Comply with EEA Data Controller Obligations. As a Campaign Owner, you will independently fulfill all duties required of data controllers under applicable EEA data protection law (such law shall include, but not be limited to, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted).
- Your data controller duties include:
- Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;
- Managing and reporting security incidents;
- Entering into contracts with only with data processors that provide adequate protections for personal data and including appropriate contractual language;
- Maintaining records of your data processing activities;
- Conducting any required data protection impact assessments; and
- Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
- Respond to EEA Data Subject Requests. You and RAISE WITH DELLA® will have an independent obligation to respond to any requests received by either of us from EEA data subjects regarding personal data, including without limitation, those set forth in Chapter III of the GDPR. The party that receives the data request is responsible for responding to the request. Campaign Owner and RAISE WITH DELLA® shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.
- Platform Fees. Campaign Owners are charged a Platform Fee as a portion of the Contributions they raise (the “Platform Fees“). The Platform Fees are effective on the date that the Platform Fees are posted and may be updated from time to time. Platform Fees will be charged at the then-current rate.
- Taxes. Taxing authorities may classify Contributions as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. RAISE WITH DELLA® may ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that We may report taxable income to the relevant taxing authorities. RAISE WITH DELLA® will provide Campaign Owners with a tax document if required by the relevant taxing authorities. RAISE WITH DELLA® is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice. The shipment of Perks to Contributors may expose Campaign Owners and Contributors to sales and use tax obligations.
- Respond to Requests from RAISE WITH DELLA® for Information about Your Campaign. RAISE WITH DELLA® does not guarantee any Campaigns or undertake the duty to investigate or moderate any statements made by a Campaign Owner (see section 4 below). However, RAISE WITH DELLA® may, but is not required to and undertakes no obligation to, request information from Campaign Owners to investigate possible breaches of this Agreement. The information RAISE WITH DELLA® may request includes, but is not limited to, information to support Campaign statements, evidence that the Campaign Owner is taking actions to deliver promised products, productions and shipping timelines and information, source documentation to substantiate product claims and Campaign promises, product prototypes, and personal information to confirm the identity of Campaign Owners, vendors, and suppliers. You agree that RAISE WITH DELLA® may employ third parties to assess the documents and your Campaign. You agree to provide this information to RAISE WITH DELLA® upon request. Failure to provide any of the requested information within 14 days, or a longer time provided by RAISE WITH DELLA® in writing, shall be deemed a material breach of this Agreement.
- RAISE WITH DELLA® Reserves the Right to Withhold Funds. Campaign Owners are not guaranteed to receive Contributions made to a Campaign, even after the Campaign has ended and the fundraising goal has been reached. There may be a delay between the end of a Campaign and Our remittance of Contributions to a Campaign Owner for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. For example, RAISE WITH DELLA® may withhold Contributions made to a Campaign if the Campaign Owner violates any Terms (as determined by RAISE WITH DELLA® in its sole discretion). Additionally, RAISE WITH DELLA® may withhold funds pending the receipt and evaluation of information requested through paragraph (j) above or during the pendency of any investigation RAISE WITH DELLA® may undertake into your account. If you do not provide information within the requested time or are not able to substantiate claims made in your Campaign, RAISE WITH DELLA® may terminate your Campaign and account and avail itself of any remedies available to it under this Agreement or applicable law. RAISE WITH DELLA® may also withhold funds from Campaign Owners for any other breach of this Agreement. RAISE WITH DELLA® may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.
- Refunds. RAISE WITH DELLA® offers a limited refund to Contributors in accordance with Our Refund Policy. Refunds outside of Our Refund Policy must be handled by the Campaign Owner, and RAISE WITH DELLA® has no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and Contributor. RAISE WITH DELLA® reserves the right to terminate User Accounts and remove Campaigns for any abuse of the Refund Policy. RAISE WITH DELLA® reserves its right to issue refunds at its own discretion outside of the Refund Policy.
Please remember that as a Campaign Owner, you are solely responsible for fulfilling the obligations of your Campaign and delivering Perks. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Contributors.
As a Contributor, when you make a Contribution to a Campaign, you understand that the following rules and Terms apply (in addition to all other Terms, including Additional Policies).
- Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
- RAISE WITH DELLA® Does Not Guarantee that Campaigns Will Succeed or that Perks Will Be Delivered or Deemed Satisfactory. By contributing to a Campaign, Contributors are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its Perks, might not come to fruition. RAISE WITH DELLA® does not guarantee or represent that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. RAISE WITH DELLA® investigates but undertakes no duty to guarantee claims made by Campaign Owners. RAISE WITH DELLA® also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of any User Content posted on the Services. The date to deliver a Perk is an estimate by the Campaign Owner (not RAISE WITH DELLA®), and there is no guarantee that the Campaign Owner will fulfill and deliver the Perk by that date. No transfer of title to tangible personal property occurs through RAISE WITH DELLA®.
- Limited Refund. RAISE WITH DELLA® offers a limited refund to Contributors, subject to the Refund Policy, only where the Campaign has not ended, the Contributor has not received a Perk (as confirmed by RAISE WITH DELLA®), and the Contribution has not been sent to the Campaign Owner. RAISE WITH DELLA® does not offer refunds outside Our Refund Policy, but may do so under our sole discretion. Where refunds are not available under the Refund Policy, a Contributor may contact the Campaign Owner directly to request a refund. RAISE WITH DELLA® has no obligation to participate or become involved in any dispute between Contributor and Campaign Owner concerning a refund.
- Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.
- Communications Between Campaign Owners and Contributors. Once you have made a Contribution to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as shipping address, specific preferences for a Perk (for example, color or size of a t-shirt), or may ask for feedback on the Campaign or the Perk. In some instances, to receive the Perk, you may need to provide requested information within a specific time frame to receive the Perk, not doing so may result in your forfeiting the Perk. Campaign Owners should not ask for information that is not required to fulfill a Perk, including personal information such as Social Security numbers or credit card/banking information. Please contact us here if you receive a request for information that appears to be excessive.
- Taxes are your responsibility . Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Perks for tax purposes. RAISE WITH DELLA® does not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.
- We screen User Content to the best of our abilities. RAISE WITH DELLA® provides the platform for creation of Campaigns and interaction of Users. We screen Campaigns to the best of our abilities but do not endorse any User Content on Our site. Likewise, RAISE WITH DELLA® does not undertake any duty to guarantee the truthfulness of any claims made by Campaign Owners. You should evaluate a Campaign’s statements before choosing to back the Campaign.
- We may remove User Content or cancel Campaigns and refund Contributions in Our discretion. RAISE WITH DELLA® may remove User Content that violates the Terms at its sole discretion. Removing User Content, terminating an account, or cancelling Campaigns and refunding Contributions are not actions We take lightly, and We may take a while to investigate and determine if such actions are warranted. It is at RAISE WITH DELLA®’s sole discretion whether to discuss the reasons for taking action against any User Content or account.
- We may require you to provide information about your Campaign before disbursing funds. RAISE WITH DELLA® may, but is not required to, request information from you regarding Campaigns. See section 3(j) above for more information.
- We do not guarantee Perks or Refunds. Campaign Owners bear sole responsibility for the delivery of Perks and for the offering of any refunds outside Our Refund Policy.
- We do not provide tax or legal advice to Users. Users bear sole responsibility for determining how the applicable laws apply to running a Campaign, Contributing to a Campaign, or utilising any of the Services.
- We do not become involved in legal disputes between Users. RAISE WITH DELLA® bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Users, including between Contributors and Campaign Owners.
- You are responsible for your Campaigns, even if you engage Our help. RAISE WITH DELLA® may offer additional services, including helping with drafting Campaign Content, assisting with the design of Campaigns, and referring vendors and other service providers to Campaign Owners. Any such services will be subject to a separate agreement between the Campaign Owner and RAISE WITH DELLA®. Even where We help with your Campaign, Campaign Owners bear sole responsibility for the Campaign and must comply with all obligations in the Terms as the only responsible party for the Campaign.
- RAISE WITH DELLA® Intellectual Property. RAISE WITH DELLA®’s Services, Content and Marks, are legally protected in a number of ways, including pursuant to copyright, trademark, service marks, patent, trade secrets, and other Singapore and international intellectual-property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any RAISE WITH DELLA® Content, Services, or Marks accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.
- Limited User Rights; License to RAISE WITH DELLA® Content. RAISE WITH DELLA® grants you a limited license (that is temporary, non-exclusive, non-sublicensable, and non-transferrable) to access and use User Content and RAISE WITH DELLA® Content solely for use of the Services in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or RAISE WITH DELLA® Content unless We give you express written permission to do so. We reserve the right to revoke this limited license to access and use User Content and RAISE WITH DELLA® Content at any time and in our sole discretion.
- RAISE WITH DELLA® Trademark Policy. You may use the RAISE WITH DELLA® Marks only in accordance with Our Trademark Policy.
Your User Content remains your property. When you submit User Content to the Site or via the Services, you agree to the following terms:
- You allow us to use your User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your User Content.
- We can make changes to or delete your User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or delete your User Content.
- You have all legal rights to your 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 to RAISE WITH DELLA® 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 or applicable law; and (3) RAISE WITH DELLA® does 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 Our use or exploitation of your User Content.
- We reserve the right to monitor, terminate, suspend, or delete any User Account at any time in Our sole discretion. We have no obligation to comment on any reasons for account monitoring, termination, suspension, or deletion.
- We have no liability to you or third parties for any use of the Services associated with your account or Campaign. Upon suspension or termination of your account, you must cease all use of the Services and User Content. Your representations and warranties shall survive termination.
- RAISE WITH DELLA® reserves the right to suspend or terminate a Campaign if it does not comply with this agreement or in its sole discretion. In the event of termination, RAISE WITH DELLA® may refund any and all Campaign funds received by a Campaign Owner to backers and may seek reimbursement from you for any funds you have already received from RAISE WITH DELLA®. RAISE WITH DELLA® may also avail itself of any of the remedies provided for in this Agreement and any remedies available to enforce its rights under this Agreement or applicable law.
Credit card payment processing services for Campaign Owners on RAISE WITH DELLA® are provided by Stripe, Inc. (“Stripe“) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). As a Campaign Owner, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition to RAISE WITH DELLA® enabling credit card payment processing services through Stripe, you agree to provide RAISE WITH DELLA® accurate and complete information about yourself and your business, and you authorise RAISE WITH DELLA® to share any such information with Stripe, as well as transaction information related to your use of the Stripe payment processing services. In all cases, standard credit card or other third-party processing fees apply in addition to any Platform Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
The Site or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Site or Services are unavailable, or if you lose any data, information, or User Content for any reason.
We appreciate hearing from Our Users and welcome their comments or suggestions. But ideas that you submit may be similar or identical to internal submissions or submissions received from another User or third party. When We refer to a “submission” in this paragraph, We mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, suggested changes, additions, or improvements) sent to us via the Site or in any other manner about an existing product, service, or feature on the RAISE WITH DELLA® platform (“Unsolicited Idea Submission”). If you send us an Unsolicited Idea Submission, you agree as follows:
- All Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as such.
- By submitting an Unsolicited Idea Submission, you hereby grant RAISE WITH DELLA® a perpetual, irrevocable, worldwide, non-exclusive, royalty- free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Unsolicited Idea Submission, including, without limitation, in connection with the Site or Services, and for promoting and redistributing part or all of the Unsolicited Idea Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting for the Unsolicited Idea Submission and,
- We are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.