Last modified: November 21, 2011

Introduction

This document describes what Cause.fm does for Charities and Non-Profits and governs your usage of the Cause.fm service as a Non-Profit user. Here are the key points:

• We run and maintain a website that allows artists to sell their music and donate a portion of their proceeds to the Charity of their choice. You have the right to refuse the support of any band (but we’re not sure why you’d want that).

• Cause.fm donates the designated aggregate donations to the Charities on a quarterly basis at no charge by check, using the Charity’s GuideStar or IRS data.

• As a Non-Profit user, you can create a profile to track your donations, interact with other users, and to post pictures or other profile information to be publicly displayed on Cause.fm. You retain all rights to your posted content, and no one can use it without your permission.

• Cause.fm is open to all charities and non-profits registered in the U.S. with an EIN and 501c3 Non-Profit status.

We’ll remove offensive, obscene or racist content on the rare occasions when we find it – and we may terminate membership as a result.

Charity & Non-Profit Terms of Service

Cause.fm LLC (or just Cause.fm), whose registered office is at 11811 North Tatum Blvd, operates Cause.fm ("Website"). These are the Terms of Service which govern your use of the Website as a Charity. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website. These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website.

Guidelines for Creating an Account on Cause.fm

Any U.S. charity can use Cause.fm. To create a Charity Account on Cause.fm, you must meet the following criteria:

Your organization must
1) be a registered non-profit organization in the United States with 501c3 status in good standing
2) have and provide your organization’s Tax ID number (EIN)
3) not be engaged in illegal, libelous, racist or otherwise offensive activities
4) provide full and accurate contact information

We automatically list Charities on Cause.fm using publicly available data and images from sources like GuideStar and the IRS. Cause.fm does not monitor these accounts beyond initial set up. To claim a profile or add your own, simply sign up at http://cause.fm/signup and provide the requested information.

Cause.fm enables bands to sell their music while donating a portion of their proceeds to the Charity of their choice in the amount of their choice. If an artist or artists selected your Charity, and made a sale, Cause.fm will make a donation on behalf of the customer and the artist in the amount of the aggregate donations designated to your Charity. We make these donation payments on a quarterly basis. Cause.fm does not act as a contracted fundraiser or as an agent of your Charity.

Cause.fm does not take a fee out of the aggregate donation amount in exchange for processing the donation. We have agreed in contract with each artist to donate exactly the amount specified by them for each sale.

Cause.fm makes donation payments by check to the address listed with the associated Tax ID number using IRS or GuideStar database data unless your organization has specified otherwise. You can change your donation payment address in your Charity account.

Donations are subject to order fulfillment and verification. If, for some reason, an order is not completed, returned, or refunded, the associated donation will be cancelled. We will verify all amounts before we send a payment.

Cause.fm agrees to contract with a third-party certified accounting firm to periodically audit our donation practices for accuracy and legitimacy. We agree to post our audit results and donation amounts on the Cause.fm website for maximum transparency.


Rights to Charity Content, Copyrights, and Trademarks

We use data that is publicly available through the IRS and GuideStar to pre-populate Charity profiles to make it easier for our users to donate to you. You may choose to upload photos, logos, and other information to your Charity profile. You will retain the rights to all of your content, including your logo, photos, and other information. Cause.fm will at no time use your content without your consent outside of the Cause.fm website, and will not use your Charity’s marks or content to endorse a product or message. You also retain the right to remove your content from the Cause.fm service at any time. Similarly no artist may use your content or marks without your written approval in any way.

Likewise, Cause.fm retains all other rights to the Cause.fm service and website, business methods, logos, and marks. The names Cause.fm, the Cause.fm logo and any other product and service names that we may present on the Website from time to time may not be used in connection with any product or service that is not Cause.fm's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Cause.fm.

Protecting your password

When you register with Cause.fm and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorized use of your password, we recommend that you change your password immediately or contact us for assistance.


Privacy

Cause.fm’s Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. You can read our Privacy Policy here.

User conduct

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. JG does 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 contact support via the helpdesk to report a violation of our terms.

• If you build a Cause.fm Charity Profile, it is your responsibility to ensure that the content you are uploading on your page belongs to your organization. Cause.fm reserves the right to remove any pictures, photographs, audio or copy from profile 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 contact us via our help desk or refer to our Intellectual Property Policy.

• Other than in relation to your own Cause.fm Charity profile, 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 organization; 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 Cause.fm systems.

Caues.fm reserves the right to cancel your membership and delete any Cause.fm page without notice in the event of a breach of the above rules.

Building a Cause.fm Charity Profile page in no way implies Cause.fm's endorsement of your organization’s activity.

Your organization reserves the right, at its discretion, to disable support from any given artist from within your Cause.fm account.

Links
The Website contains links to the websites of member charities and other organizations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organizations through their websites or otherwise are your own responsibility.

Partner Services
Cause.fm may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. While we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

Failure to comply with these Terms of Service
In the event that you commit a breach of these Terms of Service Cause.fm reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and services.

Termination
You may discontinue use of the Website and services at any time. These Terms of Service will continue to apply to past use by you.


Disclaimer of Warranties; Liability Limitation

Cause.fm DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Cause.fm SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Cause.fm MAY REMOVE THE Cause.fm SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Cause.fm SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Cause.fm SERVICE IS AT YOUR SOLE RISK. THE Cause.fm SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE Cause.fm SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY Cause.fm) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL Cause.fm, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE Cause.fm SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE Cause.fm SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Cause.fm SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Cause.fm’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Cause.fm SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE Cause.fm SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Cause.fm HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Cause.fm DOES NOT REPRESENT OR GUARANTEE THAT THE Cause.fm SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Cause.fm DISCLAIMS ANY LIABILITY RELATING THERETO.


Waiver and Indemnity

BY USING THE cause.fm SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD cause.fm, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE cause.fm SERVICE, OR ANY ACTION TAKEN BY cause.fm AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM cause.fm, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE cause.fm SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF cause.fm’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.


Changes

Cause.fm reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Cause.fm service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Cause.fm service will be deemed acceptance thereof.


Miscellaneous

This Agreement constitutes the entire agreement between you and Cause.fm and governs your use of the Cause.fm service, superseding any prior agreements between you and Cause.fm. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Cause.fm’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Cause.fm will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Cause.fm service is operated by Cause.fm from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Cause.fm service. All transactions on the Cause.fm service are governed by Arizona law, without giving effect to its conflict of law provisions. Your use of the Cause.fm service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Cause.fm or relating in any way to your use of the Cause.fm service resides in the courts in the State of Arizona. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Arizona upon electronic transmission to the recipient. No Cause.fm employee or agent has the authority to vary this Agreement.

Cause.fm may notify you with respect to the Cause.fm service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Cause.fm service. Notices shall become effective immediately.

Cause.fm reserves the right to take steps Cause.fm believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Cause.fm has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Cause.fm believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Cause.fm’s right to cooperate with any legal process relating to your use of the Cause.fm service and/or Cause.fm Products, and/or a third-party claim that your use of the Cause.fm service and/or Cause.fm Products is unlawful and/or infringes such third party's rights).