TERMS & CONDITIONS FOR PARTICIPATING NON-PROFITS
For the purposes of these Terms & Conditions, “you” and “your” refers to you, the Participating Organization; “we,” “our,” and “us” refers to Artful Vision, LLC.Organizations that sign up with Artful Vision to conduct a fundraising campaign enter into this agreement willingly and agree to accept the following Terms & Conditions.
1. Acceptance of Agreement
This agreement constitutes the entire and only agreement between you and us, and supersedes all prior agreements, representations, warranties and understandings with respect to this website, the content, products or services provided by or through this website. We may amend this Agreement at any time without specific notice to you.
2. Signing Up
In order to participate in a fundraiser with us you must complete and submit an Application Form.
3. Taxpayer Information
You are required to provide documentation of your tax exempt status and tax identification number. If your organization is not tax-exempt under section 501(c)(3) of the Internal Revenue Code, Artful Vision may file a Form 1099-Misc if required to do so under to applicable Internal Revenue Guidelines.
4. Your Account
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.
5. Contribution to Participating Organizations
You agree that contributions to your organization are limited to those designated by customers. Artful Vision will collect the contributions on your behalf.
6. Payments
Monies earned each month through our fundraising program will be distributed on or after the 26th of the following month. You will also receive an activity statement listing customers and the portion of the sale that is designated to you.
7. Donation to Organization
When a customer chooses your “organization” from the list provided, 20% of the sale price will be donated to you. Donation percentages are calculated on the base price and are not calculated on taxes, shipping or gift wrap.
8. Funds Transfer
Artful Vision does not charge any fee for memberships or set up. Your organization is responsible for the cost of payment transaction fees incurred for sales on all donations to you. These fees are reimbursed to Artful Vision prior to a transfer of funds to your account.
9. Copyright
This website, including but not limited to its contents, organization, graphics and design is protected by copyright, and other proprietary rights. The copying, redistribution, use or publication by you of any such matters or any part of this website, except as allowed by Limited Rights of Use, is strictly prohibited. The posting of graphics, images, information or materials on this website does not constitute a waiver of any rights in respect to such graphics, images, information and materials.
10. Limited Rights of Use
The viewing or downloading of any graphic from this website grants you only a limited, non-exclusive license for use, solely by you, for your own personal use and not for publication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.
11. Disclaimer
The Information from or through this website is provided on an “as-is” basis without warranties of any kind, either express or implied. You acknowledge, by your use of this website, that you assume full responsibility for all costs associated with the purchase of any merchandise. If you are not satisfied with this website it is your responsibility to discontinue use of this website. You agree to hold Artful Vision artists and affiliates harmless, from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney fees arising out of any break of any of these Terms of Use.
12. Limited Liability
To the extent permissible by law, we disclaim all warranties, express or implied. We do not warrant that this site, its servers, or email sent from the site are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive or consequential damages.
13. Privacy Policy
We value the privacy of our partners and visitors. Therefore, we will not disclose “personally identifiable” information regarding its transactions with its artists, customers or organizations.
14. Submissions
All suggestions, ideas, notes, testimonials and other information you send to us shall be deemed and remain the sole property of Artful Vision, LLC, unless otherwise expressly agreed to by you and us prior to the submission.
15. Electronic Communications
We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
16. Applicable Law
You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of this site or any products obtained by you through such use, shall be litigated in the circuit court of Oakland County, Michigan and shall be subject to the laws of the State of Michigan. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any such court. This site is controlled by Artful Vision, LLC, in the state of Michigan, USA.
17. Third Party Links
This website contains links to other websites for you to access at your sole discretion. We are not responsible for the content, accuracy or opinions expressed in such websites.
18. Eligibility
Most non-profits, PTO/PTA’s, religious institutions and social service institutions qualify to participate. We reserve the right to reject an application by an organization to participate in the Fundraising Program for any or no reason.
19. Miscellaneous
You represent and warrant that your organization complies with all applicable federal, state and local laws and regulations; that you are an authorized representative of the organization for the purposes of the fundraiser and that you are authorized to bind the organization to these Terms. If you are registering the fundraiser on behalf of a third party you represent and warrant that you have permission and the authority from the third party to do so and, that any information provided in the application, including the organization’s tax identification number, is true and correct. The person acting on behalf of the organization can only have responsibility for one fundraiser at a time. You understand that Artful Vision has no other responsibilities for the fundraiser other than those set out in the Terms. You agree to receive marketing and other electronic communications from Artful Vision.
20. Ending the Fundraiser
Your organization’s fundraiser with us will continue until terminated by you or us. If at any time you wish to end your fundraiser with us, you must notify us via e-mail. The notification email must state the effective termination date and must be sent to us no later than 30 (thirty) days prior to such date. All final payments will be forwarded to you within 30 days of the effective date of termination.
21. Promotion and Publicity
You are responsible for promoting the fundraiser to your organization‘s members and/or supporters. Artful Vision will provide you with marketing materials including the Artful Vision logo that you may use or edit for all print, email and web applications.
