Terms and Conditions

These Terms of Service and all other documents or policies referenced here (collectively, the "Terms") set forth the legal contract between each end user ("User" or "you" or "your") and Deeds not Words Incorporated (collectively, with its affiliates, "Deeds not Words", "we", or "us") with respect to access to and use of Deeds not Words’ Site and Services.

PLEASE CAREFULLY READ THESE TERMS (INCLUDING LINKED INFORMATION, LIKE OUR PRIVACY POLICY). BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE AT LEAST 18 YEARS OLD OR ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS (INCLUDING ANY POLICIES OF YOUR COMPANY) APPLICABLE TO YOU, TO THE USE OF THE SERVICES, THE SITE, AND/OR THE INTERNET.

SERVICE DESCRIPTION

Our Services are provided through the Site, which provide the following services:

  • An interactive online application through which Organizers can run Branded Merchandise Sales Campaigns to seek to sell branded merchandise to raise funds.
  • An interactive online application through which Organizers can run Money Donation Campaigns to seek to generate funds.

You agree and understand that Services are only available to Registered Users upon the creation of an Account. Users use the Services at their own risk.

Branded Merchandise & Donations Campaigns:

In the case of Branded Merchandise and Donations Campaigns, funds raised by Organizers may be used by the Organizers for the Organizer to support a social cause, to support a charitable organization or for another purpose as specified by the Organizer. The Organizer will designate the purpose.

We do not and cannot control what an Organizer does with any money the Organizer receives. However, we do have a process to send funds raised directly to a third party designated by the Organizer; if the Organizer so chooses. Accordingly, all Campaign Creators, Organizers, Customers, Supporters and Contributors acknowledge and agree that:

  • We are not the Organizer.
  • We do not select the person, cause or organization an Organizer says funds raised from an Organizer’s Campaign will benefit.
  • Our responsibilities are limited to providing access to the Services to facilitate Organizers on the one hand, and Customers and/or Donors on the other hand, coming together and transacting directly with each other. All other activity and transactions are solely between Organizers on the one hand, and Customers and/or Donors on the other hand, and we have no responsibility or liability for any such activity or transactions other than to send raised funds directly to a third party designated by the Organizer if and when the Organizer has given us instructions to do so.v
  • We cannot and do not control the content, accuracy, or truthfulness of any offers, requests, or other information Organizers may furnish in connection with using the Services.
  • We do not endorse any Organizer or any cause, organization or purpose an Organizer says the Organizer supports.

DEFINITIONS

"Beneficiary Organisation" means the individual, entity or Charity to whom funds raised are distributed in a Branded Merchandise Sales Campaign and/ or a Donation Campaign.

"Campaign" means a fundraising effort designed to raise money within a defined time period. Campaigns on the Site may be Branded Merchandising Sales Campaigns or Money Donation Campaigns.

“Campaign Creator” and "Organizer" means an individual or entity that organizes a Campaign on the Site.

"Customers" and “Supporters” are individuals or organizations that purchase merchandise in a Branded Merchandise Sales Campaign.

"Donors" are individuals or organizations that contribute or donate funds in Money Donation Campaigns.

"Charity" means any Canada based charitable organization holding tax exempt status under the Income Tax Act and the Excise Tax Act.

"Content" means and includes, without limitation, information (personal or otherwise), photos, images, text, comments, writings, notes, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. Content may be owned or controlled by Deeds not Words ("Deeds not Words Content") and/or owned, submitted, uploaded, posted, displayed, or otherwise made available by you as a Registered User (“User Content”).

"Feedback" means any information you provide to us about the Site or Services, as a comment or evaluation.

"Branded Merchandise" means the custom apparel set forth or designed by Organizers to be used in Campaigns, and which may include without limitation t-shirts, hats, clothing, garments, attire, gear, garb, sweats, athletic wear, drinkware, business wear, outerwear, bags, accessories, office supplies and the like.

"Promotional Incentives" means additional side benefits or gifts that an Organizer can offer as an incentive to Donors and/ or Customers as part of the Campaign, including tangible items or intangible services.

"Services" means any and all services, tools, software, mobile applications and functionalities as may be provided by Deeds not Words from time to time, including access and use of the proprietary fundraising platform.

"Site" means, collectively, Deeds not Words’ internet properties including, without limitation, www.deedsnotwords.ca , other websites, microsites, mobile applications, Deeds not Words profiles on social media sites and any other digital properties operated or used by Deeds not Words Incorporated from time to time.

"User" means "you", the user of the Site, whether you are an unregistered "Visitor" or a "Registered User." As a Registered User you can act as an "Organizer" or as a "Customer" or "Contributor".

"Design Workshop" means Deeds not Words’s Tool available to Users for the design of Merchandise, and which includes Deeds not Words’s databases and collections of artwork, fonts and designs (part of Deeds not Words Content).

DEEDS NOT WORDS SERVICES AND TOOLS

Access to Services and Tools

For so long as you agree to these Terms and abide by them, you may use the Site and Services. Subject to these Terms, we also grant you a limited, non-exclusive, non-transferable personal license to download, install, operate or use as applicable any Content, software, scripts, or tools that we may, from time to time, specifically identify within the Site as available for download and/or use (“Tools”). The Tools may have additional terms that we will provide to you when you use those Tools.

Privacy

In the course or accessing and/or using the Site, the Services and/or the Tools, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site and/or the Tools, and/or if you register for any programs or accounts, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site, the Services and the Tools.

Users

Visitors.. . As a “Visitor”, you can view, visit and browse through the Site in accordance with these Terms. You need not register with Deeds not Words to simply visit and view the Site or to browse and see the partial, publicly accessible information in the Site.

However, in order to access the Services and materials offered on and through the Site, you must register with Deeds not Words for an account and receive a password, and become a “Registered User.”

In order to use the Services available to a Registered User, You are required to set up an “Account” either directly with Deeds not Words and/or through a third-party single sign-on services (e.g. Facebook Connect). When you set up an Account, you are required to enter a valid email address, a username and password to access the Services (your username, password or Account information collectively "Your Account"). You may not transfer to or share Your Account with other persons or entities, and you are solely responsible for maintaining the confidentiality of Your Account. You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it. Please notify us immediately if you become aware that Your Account is being used without authorization.

You agree not to register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. Individuals and/or entities whom access to the Site or use of the Services have previously been terminated by Deeds not Words may not register for a new account, nor may designate other individuals to use an account on its or your behalf.

Social Networking Services: You may enable certain components of the Service or log in to the Service via certain third party social networking services, such as Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Deeds not Words Service, we make your online tools and experiences richer and more powerful and personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into those Social Networking Services. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

Please remember that Deeds not Words has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Deeds not Words also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Deeds not Words does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Deeds not Words Service. Deeds not Words enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

You warrant and represent that all information you provide to us as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete.

If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Site or Services (or any portion thereof) and any license(s) to the Tools.

As a Registered User you can act as an Organizer, or as a Customer or Donor, depending on which feature of the Services you are currently using.

Eligibility and Children. You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. If you are under 13 years of age, please do not use the Site.

The Campaigns

  • Merchandising Campaigns. You can organize Campaigns through the creation, design and selling of "Branded Merchandise" with no upfront costs. Using the Site Tools, you can create your personalized Campaign page, upload your own Content, design your Merchandise either with your original artwork or by using Deeds not Words’ Design Workshop, set up the selling price of your Merchandise, the close date of the Campaign, your fundraising goal and a description of what your Campaign is all about.

    After setting up your Merchandising Campaign, you can use the Tools to promote your Campaign to your family, community, and social circle, including through your social media pages and accounts, with the purpose of selling the Merchandise to raise your fundraising goal. After the Campaign closes, Deeds not Words will fulfill the Merchandise orders, by printing the Merchandise and taking care of delivery (either in bulk or individually, as requested). Deeds not Words will then account the funds raised (after payment of Merchandise costs and delivery) and deliver such funds to your chosen Beneficiary.
  • Donation Campaigns. You can organize Donation Campaigns through the direct solicitation of funds by using the Tools to create a personalized Campaign page, uploading your own Content, setting up the close date of the Campaign, your fundraising goal and a description of what your Campaign is all about. You can then promote your Donation Campaign through our social media and promotional Tools. After the Campaign closes, Deeds not Words will deliver the funds raised to the Beneficiary of your choice, subject to these Terms of Service.
  • Promotional Incentives. An Organizer can offer Promotional Incentives to Customers or Contributors, to induce their participation in the Organizer’s Campaign. Promotional Incentives are not to be offered for sale. Organizers cannot offer or provide any of the following as a Promotional Incentives: (i) any form of ownership interest in a company or venture; (ii) alcohol or any other controlled substance; (iii) drug paraphernalia; (iv) weapons, ammunition, and related accessories; (v) items promoting hate, personal injury, death, damage, or destruction to property; or any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person's rights if you were to distribute it.
  • Organizers. As an Organizer, you may set up the fundraising Campaign of your choice (subject to any restrictions set forth herein), upload your Content, data and materials (in text, images and/or graphic format, up to any storage limitations that we may set from time to time), link your profile from other social media sites like Facebook and Twitter, choose your Beneficiaries, the distribution of the funds at the end of the Campaign, leave Feedback, etc. You are also permitted to offer Promotional Incentives to Customers or Contributors. You hereby warrant that you shall meet all commitments you make in your Campaign including, but not limited to, delivering all Promotional Incentives you offered with your Campaign and delivering the funds to your chosen Beneficiary. You will respond promptly and truthfully to all questions posed to you by Deeds not Words.

    If you are unable to fulfill any of your commitments (including delivering any Promotional Incentives), you will work with the Customers or Contributors, as applicable, to reach a mutually satisfactory resolution, which may include refunding any money received for purchases and/or donations, as applicable. You will comply with all applicable laws and regulations in your collection and use of moneys you derive and the delivery of Promotional Incentives. You are responsible for collecting and remitting any taxes on moneys you generate or receive via your Campaign(s), and any taxes due in connection with your Promotional Incentives. Deeds not Words may attempt to verify your identity and other information you provide to us, and we may delay, withhold, reverse or refund any moneys generated via the Services or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
  • Customers and Donors. As a Customer or Donor you may make purchases and/or donate money via the Campaign of your choice, and you may be able to link your social media profile, upload Content and give Feedback. As a Customer or Donor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a purchase or a donation. All purchases and/or donations are made voluntarily and at your sole discretion and risk. Deeds not Words doesn't guarantee that money generated via any Campaign will be used as promised, that Organizers will deliver Promotional Incentives, or that the Campaign will achieve its goals.

    Deeds not Words does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign or Promotional Incentives, or the truth or accuracy of content posted on the Site by others. You are solely responsible for determining how to treat your purchase or donation, as well as the receipt of any Promotional Incentives, for tax purposes. In the event you are issued a refund in connection with any Campaign because of our inability to disburse funds to the Organizer or the Organizer’s designated beneficiary, you will no longer be entitled to delivery of any Promotional Incentives associated with that Campaign.

    Deeds not Words makes no representations about the quality, safety, morality or legality of any Campaign, Merchandise, Promotional Incentives or transaction, or the truth or accuracy of Content posted on the Site by others. Deeds not Words does not represent that Organizers will deliver Promotional Incentives or that moneys generated via any Campaign will be used as described in the Campaign. Users use the Site at their own risk.
  • Your Right to Conduct a Campaign:By creating a campaign through the Deeds not Words Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign (“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide Deeds not Words with evidence of your Campaign Rights upon request.
  • Deeds not Words does not claim any ownership rights in the content you upload to the Deeds not Words Service. Please be sure you maintain copies of all of your work. Deeds not Words has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Deeds not Words Service.
  • Deeds not Words retains all ownership rights in any designs created by Deeds not Words designers and may not be used by you, other than in connection with your campaigns on the Deeds not Words Service, without Deeds not Words express written consent.
  • Prohibited Campaigns. Organizers are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to cheat other Users. If you know that your Campaign is claiming to do the impossible or it's dishonest, don't post it. You must comply with all applicable laws and regulations in carrying out your Campaign, offering Merchandise, Promotional Incentives and using money generated via a Campaign. By violating these Terms in any capacity, you are subject to an immediate removal of your Campaign(s), possible forfeit of raised funds, and potential suspension or termination of your account.
  • Use of registered logos and authorisation: If campaign creators create a campaign on behalf of or representing an organisation. They must ensure that they are authorised to do so. This covers any campaign purporting to be organised by an organisation. E.g. a campaign purporting to be by the Red Cross. This does not necessarily apply to campaigns benefiting an organisation. This covers proceeds for a campaign meant to raise funds for an organisation. E.g. a campaign proceeds of which will be donated to the Red Cross.

    In all cases Campaign Creators agree to obtain permission for use of logos, graphics, design elements broadly classified as Intellectual Property belonging to an organisation or individual on whose behalf they are fundraising or benefiting prior to the release of their campaigns. Campaign Creators agree to provide this permission to Deeds not Words upon request.

    Deeds not Words reserves the right to suspend and/or cancel campaigns where permission to use Intellectual Property is not provided. If you are organisation whose identity has been used without permission (complainant), please contact us on service@deedsnotwords.ca to report the same. Deeds not Words will endeavour to take action to stop the campaign but cannot ensure recovery of funds or proceeds of the campaign if credited to the campaign creator (offending campaign creator) at the conclusion of the campaign.

    Deeds not Words will consider release of offending campaign creator contact information to the complainant on a case by case basis and upon provision of cause. This does not apply in the case a demand for release of such information is requested by law enforcement or is requested under a court order. In such cases information about the offending campaign creator will be disclosed to the requesting party for bilateral settlement. Deeds not Words will not participate in any negotiations between complainant and offending campaign creator. Deeds not Words’ obligations will instantly cease upon release of offending campaign creator data to the relevant authorities.
  • Acceptable Use; Indemnity: Your use of the Deeds not Words Service, including the creation and implementation of product campaigns, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that Deeds not Words has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on Deeds not Words’ internal policies (for example, Deeds not Words may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or Deeds not Words may apply such funds to any judgment or settlement, and/or the reimbursement of Deeds not Words’ expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Deeds not Words in such activities. Without limiting the foregoing, you also agree to indemnify and hold Deeds not Words harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
  • Quality of Artwork and Promotions: Each campaign must meet reasonable production standards (e.g. a campaign may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the Deeds not Words Service, must be accurate and correct and must not include any content concerning non- Deeds not Words activities, events, products, services or promotions.
  • Proceeds from Campaign: If you create a campaign through the Deeds not Words Service, you will be given a “base price” from Deeds not Words for each product. You will also have the opportunity to set the sale price for each product. Once your campaign is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Deeds not Words Service. Prior to receiving your payout, you may be required to provide additional information to Deeds not Words as needed by Deeds not Words to comply with its reporting obligations.
  • Partnership Disputes: If you work with other people on your campaign, and there is a dispute between you and your partners, even though Deeds not Words receives notice of the dispute, Deeds not Words is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Deeds not Words may withhold payouts until the dispute is resolved, at Deeds not Words’ sole discretion.

Behavior on the Site and Unauthorized Activities.

When using this Site and/or the Services, you agree not to:

  • Defame, abuse, harass, stalk, disrespect, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language or use the Site to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials or other intellectual property or proprietary right of others without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site or to obtain information from the Site.
  • Violate any law, civil or criminal.
  • Violate our policies.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site or act in a way that may undermine any Feedback, comments or ratings systems that we establish as part of the Services.
  • Post anything contrary to our public image, goodwill or reputation.
  • If you are blocked by Deeds not Words from accessing the Deeds not Words Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

This list of prohibitions provides examples and is not complete or inclusive. Deeds not Words reserves the right in its sole discretion to (a) terminate access to Your Account, your ability to post or to use to this Site; and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Deeds not Words determines is inappropriate or disruptive to this Site or to any other user of this Site.

Deeds not Words may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Deeds not Words’ discretion, Deeds not Words will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Content (Deeds not Words’ or Third-Party’s) contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Deeds not Words and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Deeds not Words or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or your User Content) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.

We reserve the right, in our sole discretion, to remove Campaigns and terminate accounts for such activities or for any other reason.

INTELLECTUAL PROPERTY RIGHTS

Ownership of the Site

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, Services, Deeds not Words Content, and all Tools, and all their related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Deeds not Words or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary Tools, methods and systems used to provide the Site or Services ("Our Technology") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.

You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in this Agreement grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to this Agreement of Use. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its "look and feel", constitute trademarks, tradenames, service marks, trade dress or logos ("Marks") of us or other entities. All Marks not owned by Deeds not Words that appear on this site are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Restrictions

Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to copy, replicate, transcribe or reproduce the ‘look and feel’ of the Site, including its features and functionalities. You may not resell or sublicense access to the Services to any third-party.

You may provide links to the Site, provided that You (A) do not remove or obscure, by framing or otherwise, proprietary notices or other notices on the Site, and (B) discontinue providing links to the Site immediately upon our request.

License to Your Content

While using the Site, you may post and use photos, videos, text, graphics, logos, artwork, designs and other audio or visual materials (collectively, "User Content"). You grant Deeds not Words a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content (i) on and solely in connection with the Site for the sole purpose of providing you with the Services; and (ii) for the limited purpose of certain of our related marketing and promotional activities. You represent and warrant that your User Content and our use of your User Content 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.

Use of Third-Party Offerings

You may be able to access websites, content or services provided by third-parties through links that are made available on the Site, including but not limited to voluntarily sharing some of your information from the Site in social media sites, ‘liking’ our Site in social media outlets, or creating Your Account with us through third party websites (including without limitation Facebook Connect and Twitter). Additionally, from time to time Deeds not Words may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise).

We refer to all such other websites, content, services and products as "Third-Party websites." Unless we otherwise inform you on the Site, your use of any such Third-Party websites is not required in order to access and/or use the Services or the Tools. Access to or use of Third-Party websites or services are at your own risk. We are not responsible for any loss or damage of any sort relating to your dealings with these parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Charities/Fundraising: You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

Deeds not Words Right to Lower Sales Goal: You will be able to set the “sales goal” for each campaign. You agree that Deeds not Words may, in its sole discretion, begin to fulfill orders before your sales goal is met.

INTELLECTUAL PROPERTY COMPLAINTS

Deeds not Words takes any allegations of infringement seriously. If Deeds not Words receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Deeds not Words may terminate or delay your campaign, in its sole discretion. In addition, you understand that Deeds not Words may release your contact information to any third party that satisfactorily alleges a violation of its rights.

Deeds not Words will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Deeds not Words user has infringed upon your rights, please notify Deeds not Words through our Contact Us page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.

You must include with your notification the following information.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
  • The URL to the Deeds not Words campaign(s) used in connection with the sale of the allegedly infringing merchandise;
  • Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
  • Your full name, address, telephone number(s) and email address(es);
  • A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or provincial law; and
  • A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

If you in your role of organizer believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice to service@Deeds not Words.ca. We reserve the right, at our sole discretion, to repost or not to repost Content.

Repeat Infringer Policy: Deeds not Words has adopted a policy of terminating, in appropriate circumstances and at Deeds not Words sole discretion, users who are deemed to be repeat infringers. Deeds not Words may also at its sole discretion limit access to the Deeds not Words Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.

BUYERS: PURCHASING OF MERCHANDISE

  • Payment: If you purchase any merchandise through the Deeds not Words Service, you will be required to provide Deeds not Words information regarding your credit card or other payment instrument. You represent and warrant to Deeds not Words that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
  • Loss and Cancellation: : Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
  • Ship to Campaign Creator:Deeds not Words provides the option for customers/ supporters to ship purchases in bulk to the campaign creator for a low flat fee. You agree and accept that title and risk of loss for merchandise shipped by this method passes on to the customer/ supporter upon delivery of the bulk package to the shipping carrier. You agree and accept that you are responsible for collection of your merchandise from the campaign creator based on your mutual arrangements and that Deeds not Words bears no residual liability with relation to your purchase that is delivered to you due to your choice of using the Ship to Campaign Creator method.

PAYMENTS AND FEES

Fees

Setting up an account on the Site is free. We do subtract our costs and charge service fees as a portion of: (i) the total sales made in a Merchandising Campaign and (ii) the total money donated in a Donation Campaign. By using the Site you agree to our costs and fees as follows: costs include Merchandise production costs (associated with a Merchandising Campaign) and service fees for all Campaigns (i.e., the total service fee for a Donation Campaign is 3.5%). See also our FAQ regarding funds raised here. Changes to fees are effective after we post notice of the changes on the Site. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes applicable to you associated with your use of the Site. In all cases, standard credit card or other third-party processing fees apply in addition to any fees charged by Deeds not Words Incorporated. We are not responsible for the performance of any third party credit card processing or third party payment services.

Merchandising Campaigns - Campaign Minimum Reserve

Merchandising Campaigns are usually subject to a "Campaign Minimum Reserve" - the point at which a minimum number of (for example, 12 shirts in the case of most T shirt based campaigns) branded merchandise has been sold, such that the minimum reserve is met and the campaign will proceed. In the event a Branded Merchandising Campaign does not meet its minimum reserve and merchandise is not produced, all moneys collected from a purchaser for customized merchandise will be refunded.

No Tax Advice

  • It is the responsibility of each Organizer and/or the Organizer’s designated beneficiary, to determine what, if any, taxes apply to amounts delivered by us as a result of use of the Services, and to report and remit the correct tax to the appropriate tax authority. Your taxing authorities may classify funds you raise on Deeds not Words as taxable income to you and any Beneficiary who will receive funds directly from your Campaign. We may ask you for your Tax Identification Number and the Tax Identification Number of any Beneficiary of your Campaign so that we may report taxable income to the relevant taxing authorities if required by the relevant taxing authorities.
  • You hereby agree that we are not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any amounts forwarded by us to you, or to any third party you designated, in connection with any Donation Campaign or Merchandising Campaign.
  • It is the obligation of each Organizer and each Beneficiary designated by an Organizer to maintain any and all records that may be required for tax purposes. We are not responsible for, and may delete, information associated with your account that is more than three years old.
  • We do not and cannot give any tax advice. You agree to consult your own tax advisor and to take all steps necessary to comply with your own tax obligations as an Organizer, Customer or Contributor using the Services.

Returns and Refunds

Deeds not Words works hard to ensure that all our Branded Merchandise is printed to high-quality materials and shipped on time and accurately. Deeds not Words accepts returns and will issue refunds based on the following refund policy:

BRANDED MERCHANDISE SALES CAMPAIGNS NOT MEETING MINIMUM RESERVE.

Purchases of branded merchandise, made in connection with a Merchandising Campaign, will be refunded in the event the Merchandising Campaign does not meet its minimum reserve and the branded merchandise is not produced.

DAMAGED ITEM / LOW QUALITY PRINT

We take our commitment to providing you with the best quality product very seriously. In case you receive a damaged item or if you believe the print quality is not satisfactory, please contact us at service@deedsnotwords.ca, please include a photograph showing the poor quality of the print or the damaged area of the item. The best images are on a flat surface, with the error clearly displayed.

We will use this information to help you with your order, and eliminate errors in future printing.

RETURN FOR ANY CAUSE

Refunds for any other reason besides poor quality product or printing are not offered on merchandise sales.

Contributions to Donation Campaigns, along with our fees and charges, are not refundable.

TERMINATION

These Terms will become effective and binding when you use the Site, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “Submit”). You do not need to inform us if you wish to stop using the Site or Services. We reserve the right to terminate these Terms and your access to the Site and the Services at any time without notice and/or to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the Services, we retain the license rights granted to us upon any User Content uploaded or provided on our Site.

Deeds not Words reserves the right to decide whether User Content violates these Terms for reasons other than copyright infringement. Deeds not Words may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's Account for submitting such material in violation of these Terms.

The provisions of sections IV, VI, VII, VIII, X will survive the termination of these Terms.

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY, CHARITY ISSUES

No Warranties

THE SERVICES, THE SITE, THE TOOLS AND ALL INFORMATION, CAMPAIGNS, CONTENT AND MATERIALS RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DEEDS NOT WORDS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. DEEDS NOT WORDS AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE DEEDS NOT WORDS SERVICES AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. DEEDS NOT WORDS IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. DEEDS NOT WORDS DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.

Though we strive to enforce our Content related rules with all of our users, including Registered Users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. We may, but are not obligated to, terminate user Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate these Terms. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by Users represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our beliefs.

Limitation Of Liability

USE OF THE DEEDS NOT WORDS SERVICES, THE SITE, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL DEEDS NOT WORDS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF DEEDS NOT WORDS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEEDS NOT WORDS TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED FIFTY CANADIAN DOLLARS (USD $50.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND DEEDS NOT WORDS RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND DEEDS NOT WORDS WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.

Charity Issues

  • As an Organizer, you are independently responsible for complying with all applicable laws in all of your actions related to your use of the Services, regardless of the purpose of the use, including any laws relating to raising funds for charity.
  • We do not engage in any solicitation or sales activities. Any such activities are carried out solely by the Organizers who run Campaigns on their own initiative.
  • If any provincial regulatory agency overseeing charitable solicitation activity has concerns, they will be addressed to the Organizer. We will of course cooperate in any investigation by any regulatory agency with concerns that a law is being violated by our Users.
  • If an Organizer wishes to designate a charitable organization to benefit from a Campaign, the Organizer must provide us with the Charitable Registration Number for the charity. Only Canada based charities hold tax exempt status under the Income Tax Act and the Excise Tax Act are eligible to be designated as charity beneficiaries. If you have doubts about the precise nature of the organisation you are designating please refer to your tax attorney. For general information regarding definition of a Charitable Organisation please refer to the Canada Revenue Agency website at http://www.cra-arc.gc.ca/chrts-gvng/chrts/pplyng/rgstrtn/rght-eng.html

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Deeds not Words Incorporated, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site and/or Service.

MISCELLANEOUS MATTERS

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Deeds not Words without restriction.

Abuse

Please contact us to report any problems, offensive content, policy violations and/or abuse.

Modifications to Terms

We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site and/or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

Modifications to Services

We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

Legal Disputes

These Terms will be subject to and construed in accordance with the laws of the Province of Alberta Canada. You agree that any claim or dispute you may have against Deeds not Words must be resolved exclusively by a provincial or federal court located in Calgary Alberta, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in the Province of Alberta Canada for the purpose of litigating all such claims or disputes.

  • Arbitration. For any claim (i) raised by a resident of a country other than Canada; or (ii) where the total amount of the award sought is less than ten thousand dollars (CAD10,000.00), you agree that Deeds not Words may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Deeds not Words elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution ("ADR") provider chosen by Deeds not Words. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
  • Disputes between Users. You agree and understand that Deeds not Words is not responsible for resolving disputes between Users. In the event of any dispute, such as an Organizer's alleged failure to comply with these Terms or alleged failure in fulfillment of an Promotional Incentive, or failure of an Organizer to use funds for the purpose advertised by the Organizer, we may provide the Organizer's contact information to the relevant Customers or Contributors so that the parties may resolve their dispute.

General Agreement

If you are located outside Canada and choose to provide information, upload Content to or register an Account with Deeds not Words, you acknowledge and agree that the information is processed and transferred in Canada. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in Canada than the laws in your country. By using this Site you acknowledge and accept that your information may be used in and be subject to the privacy laws of Canada.

You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of Canadian export laws ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries and certain Specially Designated Nationals ("SDN") listed by OFAC as updated from time to time) and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.

These Terms of Service constitute the entire agreement between you and Deeds not Words and govern your use of the Deeds not Words Service, superseding any prior agreements between you and Deeds not Words with respect to the Deeds not Words Service. The failure of Deeds not Words to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Deeds not Words, but Deeds not Words may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Deeds not Words may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Deeds not Words Service.

Third Party Material

Under no circumstances will Deeds not Words be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.

Deeds not Words may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Deeds not Words, its users or the public.

Third Party Websites

The Deeds not Words Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Deeds not Words has no control over such sites and resources and Deeds not Words is not responsible for and does not endorse such sites and resources. Deeds not Words will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Deeds not Words Service are between you and the third party, and you agree that Deeds not Words is not liable for any loss or claim that you may have against any such third party.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Deeds not Words in any way and will not attempt to do so or imply that you have the right to do so.

You agree that any claim or cause of action related to the Site, the Services, the Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.