This is a legally binding contract between you and MemberDrive. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to firstname.lastname@example.org if you have suggestions or questions.
We’re going to use some shorthand to make this easier to read. When we say “site,” we mean memberdrive.org and the services offered through that site. When we say “we,” “us,” or “our,” we mean Booster Stage, Inc, a Texas corporation, doing business as MemberDrive. When we say “your content,” we mean any text, sound, graphics or other material which you post, upload, or otherwise share on the site; similarly, when we say “MemberDrive content,” we mean the copyrightable text, sound, graphics, and other material owned by MemberDrive, Inc. And when we say “terms,” we mean these terms of service.
2. Accepting these terms
Please read these terms before using the site. If you do not agree to these terms, you may not register for the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to email@example.com. If we do not hear from you within ten days, the revised terms will apply to you.
3. Permitted users
MemberDrive is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at firstname.lastname@example.org. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
4. Copyright and intellectual property
We own our stuff; you own yours.
You retain ownership of all content you post, upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or display your content other than to those you have authorized to view it, nor does it transfer the copyright to us. This license ends when you delete the material or your account (subject to our standard data backups, which we retain for 30 days).
In addition, the site provides features that allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity. Furthermore, you affirmatively agree not to reproduce, publish, or distribute content in connection with the site that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
When you delete your account, any comments or content that you contributed to someone else’s documents will remain on the site, and will not be deleted.
All MemberDrive content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
Memberdrive.org, MemberDrive, and the MemberDrive logo are trademarks or registered trademarks of Booster Stage, Inc., in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
You agree that all custom development and other data or materials generated or developed by us in connection with the site, including without limitation in response to your request for custom development or integration services or in connection with your suggestions, enhancement requests, recommendations, or other feedback, shall be and remain the property of MemberDrive. To the extent that any rights to such materials, under applicable law, do not vest directly in MemberDrive, you hereby assign to MemberDrive the ownership of all such rights, including without limitation all copyrights, in such materials without the necessity of any further consideration and Membeful shall be entitled to obtain and hold in its own name all such rights in such materials. To the extent that any such rights to such materials do not vest directly in MemberDrive and applicable law prohibits the assignment of such rights to MemberDrive, you hereby grant to MemberDrive a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to all such rights without the necessity of any further consideration.
5. MemberDrive rules
MemberDrive is designed to help people create effective fundraising campaigns together; as such, we have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
- Threaten other users with violence.
- Use hateful, abusive, harassing, libelous, or obscene language towards other users.
- Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
- Upload, publish, or distribute any material which is defamatory, inaccurate, abusive, profane, pornographic, offensive, obscene or otherwise objectionable;
- Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the site to distribute viruses or other harmful, disruptive, or destructive files;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
- Attempt to obtain unauthorized access to the site;
- Impersonate another person;
- Copy, reverse engineer, decompile, or disassemble any code or functionality of or at the site, in whole or in part, or otherwise attempt to discover the source code to any software used in or at the site;
- Modify the site or any associated software or combine the site with any other software or services not provided or approved by us;
- Systematically harvest data from the site, or programmatically register accounts on the site.
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
6. Canceling your account
You can cancel your account at any time by visiting your Account page in your MemberDrive account dashboard, or by sending an email to email@example.com. If you like, you may export your data prior to canceling your account. Upon canceling your account, your files will be marked for deletion in thirty days, and will be permanently deleted upon expiration of that thirty-day period.
There is no fixed cost to use MemberDrive to raise money for your campaign. However, MemberDrive charges a transaction fee (see our pricing page for more information) on top of your base merchant fees (merchant fees may vary based on your account). Transaction fees are automatically refunded to you if you issue a refund to your member through the MemberDrive platform. If you refund a payment outside of the MemberDrive platform, then we may be able to issue a manual refund. We are only able to issue manual refunds for transaction fees in the past 30 days; transaction fees older than 30 days are not refundable. For more information or to request a manual refund please contact us at firstname.lastname@example.org.
8. Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
9. Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
11. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
These terms shall be governed by and construed in accordance with the laws of the state of Texas, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Bastrop County, Texas, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Updated March 19, 2020.
These Terms were derived from Editorially's, which is available under a Creative Commons Attribution-ShareAlike license. You in turn are therefore allowed to copy it, adapt it, and repurpose it for your own use as permitted under the terms of that license. Just make sure to revise the language so that your policy reflects your actual practices.