<p>Catapult.org (this "Site") is a project of Women Deliver ("Catapult.org," "we," "us," or "our"). All references herein to Catapult.org or Catapult also include Women Deliver, even if not always specifically stated.</p>
<p>These Terms and Conditions ("Terms") apply to and govern your use, and any use by another person, of your User Account, as well as your use of this Site and the Services (as defined herein). Your use of the Site and/or any Services signifies your agreement to be bound by these Terms and the <a href="/privacy" target="_blank" title="Catapult Privacy Policy">Catapult Privacy Policy ("the Privacy Policy")</a>, which is hereby incorporated by reference. As used herein, the term "you" means an entity or individual accessing this Site. If you are using this Site on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by these Terms. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or use this Site. Please note that any violation of these terms may result in termination of your ability to access and use this Site.</p>
<p>By using this Site, you represent that you are at least eighteen (18) years old and that you are legally able to enter into this Agreement.</p>
<p>We reserve the right at any time to change all or any part of these Terms. Any changes will appear in these Terms. Your continued use of this Site after any changes have been posted will constitute your agreement to the modified Terms and all of the changes. Therefore, you should read these Terms each time you access the Site, before you begin using the Site.</p>
<p>You will be deemed to have consented to the disclosure to and use by a subsequent owner or operator of the Site, of any information about you contained in the applicable Catapult database, to the extent Catapult assigns its rights and obligations regarding such information in connection with a merger, acquisition, transfer, or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, transfer, or sale, your continued use of the Site signifies your agreement to be bound by the Terms and Privacy Policy of the Site's subsequent owner or operator.</p>
<p>1. <strong>Services</strong>: Catapult is an online platform that allows charities to raise contributions from the public and allows the public to make contributions to those charities whose work they support. We provide information for donors and charities and facilitate those transactions through this Site (the "Services").</p>
<p>2. <strong>Fees</strong>: There is no fee for a partner to post a project on this Site.</p>
<p>3. <strong>Voluntary donations</strong>: In addition to donating to a partner project, Catapult.org will provide donors the option to add a donation directly toward Catapult.org's operating costs during the online donation process. This is voluntary and must be added to the donation amount by the donor.</p>
<p>4. <strong>Copyright/Use of Logo and Name</strong>: Catapult shares the copyright with you to the project content and other media (pictures, video, etc.) uploaded to Catapult. Women Deliver/Catapult will attribute content used to your organization. Catapult may use your name and/or your logo on Catapult and in its marketing efforts aimed at attracting donors to your project. Catapult does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the services provided through this Site (the "Services"). After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Services, you hereby grant to us a limited license to use, modify, delete from, add to, publish perform, publicly display, reproduce, and distribute such Content Solely on, through or in connection with the Services, including without limitation, through the Services to applications, widgets, websites or mobile, desktop or other services which are linked with your account (collectively the "Linked Services'), including without limitation, distribution part or all of the Services and any Content included therein, in any media formats and through any media channels. The limited license does not grant us the right to sell or otherwise distribute your Content outside of the Services or the Linked Services. After you remove your Content from the Services, we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Services, we are under no obligation to delete or ask other users of the Site ("Users") or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to us), full-paid and royalty-free (meaning that we are not required to pay you or anyone else deriving rights from you for the use on the Services of the Content that you post), sublicensable (so that we are able to use our affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Services), and worldwide (because the Internet and the Services are global in reach).</p>
<p>The Services contain Content of Catapult and its licensors ("Catapult Content"). Catapult Content is protected by copyright, trademark, patent, trade secret and other laws, and Catapult and its licensors own and retain all rights in the Catapult Content and the Services. We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the Catapult Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this Site or any site accessible through this Site. The Services also contain Content of other Users of the Services. Except as provided in these Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any such Content appearing on or through the Services. Catapult's trademarks may not be used in connection with any product or service that is not Catapult's, in any manner likely to cause confusion among customers or in any way that disparages or discredits Catapult. Other trademarks that appear on the Site are the property of their respective owners.</p>
<p>5. <strong>E-mail and Privacy Policy</strong>: Catapult will not forward online donor's e-mail addresses to partners. For the first phase of the platform, Catapult will be managing all associated thank you and update messages to donors. Data you provide and certain other information about you is subject to our Privacy Policy.</p>
<p>6. <strong>Fund Use Policy</strong>: Subject to the permitted designation of operation or administrative costs as outlined below, the partner commits that funds disbursed for projects will be used only for activities described on the corresponding project page on the Women Deliver/Catapult project page and only for the exempt purposes set forth in section 501(c)3 of the U.S. Internal Revenue Code ("Fund Use Policy"). Partners are expected to make a good faith effort to use funds as specified in their project-page and to report and specifically explain any deviations from the projected budget on the corresponding project page by the next reporting deadline. No Catapult funds, nor income there from, shall be used for efforts to influence legislation or to intervene for or against political candidates.</p>
<p>7. <strong>Fund disbursement</strong>: Catapult/Women Deliver will receive donated funds through a specially designated non-operating account and will remit forward donated funds to organizations as designated by donors via bank and wire transfers. In all cases, we reserve the right, in our sole discretion, to suspend or cancel transfers to your organization if we are unsatisfied with the progress of your organization's project or the contents of any update or report or if it is determined by us, or any local, state or federal authority that you are using the funds in violation of the Fund Use Policy or in violation of any local, state, federal, or international law.</p>
<p>8. <strong>Operations or administrative costs</strong>: Partners may designate a portion of their total projected costs to supporting the costs of operating the organization (also referred to as overhead, general support). These funds are not restricted to direct project costs.</p>
<p>9. <strong>Project deactivation</strong>: Projects may be deactivated anytime by either Women Deliver/Catapult or the partner. Partners must contact Women Deliver/Catapult staff to deactivate a project. Funds raised for a project that is deactivated on request by the partner or by Women Deliver, by its sole discretion, will be credited back to each donor in the form of a gift card for reuse on Catapult at a later date.</p>
<p>10. <strong>Access to project-related implementing partner records</strong>: You agree to maintain true and accurate books and records regarding your receipt and use of the funds provided through Women Deliver/Catapult for the duration of the project and for at least three years following its conclusion or deactivation and to allow Women Deliver/Catapult access to such books and records at reasonable times.</p>
<p>11. <strong>Project fundraising goal</strong>: Partners define their project's fundraising goal. There is no limit on how much funding a project can seek to raise on a project page. However, partners with fundraising goals greater than $50,000 must consult with Catapult before finalizing their goal to explore whether creating several projects is a better strategy for raising the most funds.</p>
<p>12. <strong>Project updates</strong>: Partners must provide updates on project-related activities on each project's respective project page. Partners can update project pages anytime; however, partners are required to provide at least two project updates by the 90-day and 1-year mark after funds have been disbursed to the partner. Project updates should cover how funding is being used and openly discuss milestones and challenges.</p>
<p>13. <strong>Project lifespan</strong>: Projects have five months to reach their fundraising goal. A project will be closed when it reaches its fundraising goal or within five months if it is not reached.</p>
<p>14. <strong>Project refusal</strong>: Catapult reserves the right to refuse the posting of any project for any reason at any time, based on our sole discretion.</p>
<p>15. <strong>Tipping fund</strong>: Projects that have reached 95 percent or more of their funding target by the end of five months—the project lifespan deadline—with the remainder of the funding target not exceeding $5,000 will be eligible to have the remaining difference donated by Catapult's Tipping Fund. Final donations are subject to available funds at the time of the request, and will be completed on a first-come, first-serve basis.</p>
<p>16. <strong>Number of projects</strong>: Partners can have more than one project on the site at a time. Please consult with Catapult staff if you would like to post more than 10 separate projects at the same time.</p>
<p>17. <strong>Registration</strong>: In order to access some features of the Site and the Services, you may have to create or register for a User Account. In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at our sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.</p>
<p>As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify us of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. You are solely responsible for the activity that occurs on your User Account. We have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements. We will not be liable for any losses caused by any unauthorized use of your User Account, but you may be liable for our losses or losses to others due to such unauthorized use.</p>
<p>As noted in the Privacy Policy, we do not seek to collect Personally Identifiable Information about children under the age of 13 through this Site, nor do we permit children under the age of 13 to make donations through this Site. If a child submits information to us through any part of this Site and we become aware that the user submitting the information is a child, the information is deleted as soon as it is discovered and not used for any purpose, nor is it disclosed to third parties. We reserve the right to refuse to register a User Account and/or accept donations from anyone we deem, in our sole discretion, does not meet our age or other requirements set forth herein.</p>
<p>18. <strong>Partner registration duration</strong>: Partners registration is valid for two years after being notified that they have successfully completed the registration process.</p>
<p>19. <strong>Guidelines for Use of the Services</strong>: You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of a Submission to any portion of the Services. Listed below are some, though not all, violations that may result in Catapult terminating or suspending your User Account and/or access to our Services. You agree not to do any of the following actions while using any Catapult Service:</p>
<p>a. Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;</p>
<p>b. Transmit, in connection with any Service, any Submission that Catapult, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;</p>
<p>c. Distribute viruses or any other technologies that may harm the Site, the Service, or the interests or property of our users and partners;</p>
<p>d. Harvest or otherwise collect information about users, including email addresses, about users or third parties whose information is made available on the Site, without their consent;</p>
<p>e. Use any robot, spider, scraper or other automated means to access the Site or the Services for any purpose without our express written permission;</p>
<p>f. Impersonate in any Service, any person, including but not limited to, a Catapult official or representative, chat or message board leader, guide or host;</p>
<p>g. Disrupt the normal flow of dialogue in an online community or otherwise act in a manner that negatively affects other participants;</p>
<p>h. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;</p>
<p>i. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;</p>
<p>j. Submit material that is subject to intellectual property protection, including, but not limited to, copyright, trademark, or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post said material and to grant us all of the license rights granted herein. You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these Terms.</p>
<p>Notwithstanding anything to the contrary in this Agreement, in the event that Catapult determines that you have breached the Terms and/or the Privacy Policy, or that any part or portion of your Submission violates the Terms, Catapult will have the right to immediately remove such Submission, in whole or in part, and to temporarily suspend your User Account, with or without notice to you. In the event of your repeated violation of the Terms and/or the Privacy Policy Catapult will have the right to immediately and permanently terminate your User Account, with or without notice to you. Notwithstanding the foregoing, in the event that Catapult, in its sole discretion, determines that your first violation is of a particularly offensive or serious nature, Catapult will have the right to immediately and permanently terminate your User Account, with or without notice to you.</p>
<p>Any user may report abuse of the Rules by clicking on the persistent Report Abuse button provided on the Site.</p>
<p>20. <strong>Links to Third Party Sites</strong>: This Site may contain hyperlinks to sites operated by persons other than Catapult. Such hyperlinks are provided for your reference and convenience only and do not mean that Catapult endorses the content on or the operators of these sites. You agree not to hold Catapult responsible for the content or operation of such sites. You are solely responsible for determining the extent to which you may use any content at any other sites to which you might link from this Site.</p>
<p>21. <strong>Non-United States Residents</strong>: Catapult makes no representation that the Site Content, including any merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. In addition, no opinion is expressed as to the tax treatment of any donations under the laws of any jurisdiction other than the United States or of any donations made by any person who is not a citizen or resident of the United States.</p>
<p>22. <strong>Governing Law and Jurisdiction</strong>: The Site is controlled and operated by Women Deliver from its offices within the State of New York, United States of America. Use of this Site constitutes your consent and submission to service of process under applicable United States or New York law and to personal jurisdiction in a court of competent jurisdiction in the State of New York for the purposes of any legal action or claim pertaining to these Terms, or arising from the use of your User Account and/or any Catapult Site or Service. These Terms shall be construed and enforced in accordance with the laws of the State of New York without regard to the choice of law principles thereof.</p>
<p>23. <strong>Termination</strong>: You understand and agree that Catapult may, in its sole discretion and at any time, limit, suspend, or terminate your password, User Account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any Catapult Site or Service, for any reason. Catapult may also, in its sole discretion and at any time, discontinue any Site or Services or limit or restrict any user access thereto, for any reason. Catapult also reserves the right, in its sole discretion and at any time, to cancel unconfirmed accounts or accounts that have been inactive for a long time. You understand and agree that Catapult may take any one or more of these actions without any notice to you, prior or otherwise. Should Catapult take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and Submissions. You understand and agree that Catapult shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your User Account.</p>
<p>24. <strong>Disclaimer</strong>: The site, content, site code, the services, and the software, if applicable, are provided "as is" "with all faults" and "as available" and without warranties of any kind ether express or implied. To the fullest extent permissible pursuant to applicable law, Catapult disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Catapult does not warrant that the availability of or the functions contained in the site, site content, site code, services or software, will be uninterrupted or error-free, that defects will be corrected, or that this site, site content, site code, the server that makes them available, or the software are free of viruses or other harmful components, or that the site, site content, site code, software or server do not violate any patent or other intellectual property rights of any person. Catapult does not warrant or make any representations regarding the use or the results of the use of the site, the site content, the site code, the services or the software, in terms of their correctness, accuracy, reliability, or otherwise. You (and not Catapult) assume the entire risk as to the quality and performance of the site, site content, site code, the services, and software, as well as the entire cost of all necessary servicing, repair, or correction if there are any defects. No oral or written information or advice given by Catapult (and/or its funders, fund advisors (and their agents and representatives), successors, parents, subsidiaries, affiliates, officers, directors, agents, developers, joint venturers, networks, distributors and attorneys) shall create a warranty or in any way increase the scope of any warranty provided herein. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.</p>
<p>25. <strong>Limitation of liability</strong>: Under no circumstances, including, but not limited to, negligence, shall Catapult (and its funders, fund advisors (and their agents and representatives), successors, parents, subsidiaries, affiliates, officers, directors, agents, developers, networks distributors, joint venturers and attorneys) be liable for any direct, indirect, punitive, incidental, special, exemplary, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits that result from the use of, or the inability to use, the site, site content, site code, the services or the software, even if the possibility of such damages has been advised, and even if a remedy set forth herein is found to have failed its essential purpose. While Catapult takes precautions against security breaches, no web site or internet transmission is completely secure, and as such, Catapult (and its funders, fund advisors (and their agents and representatives), successors, parents, subsidiaries, affiliates, officers, directors, agents, developers, networks, distributors, joint venturers and attorneys) shall not be liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur. Applicable law may not allow the limitation of exclusion of liability or exemplary, incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of Catapult (and its funders, fund advisors (and their agents and representatives), successors, parents, subsidiaries, affiliates, officers, directors, agents, developers, networks, distributors, joint venturers and attorneys) to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you to Catapult, if any, for accessing and using this site and/or the services.</p>
<p>26. <strong>Severability</strong>: If any provision of the Terms shall be held unlawful, void, invalid, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.</p>
<p>27. <strong>Compliance with Laws</strong>: You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.</p>
<p>28. <strong>Entire Agreement</strong>: These Terms and Conditions set forth the entire understanding and agreement between you and Catapult with respect to the subject matter hereof.</p>
<p>29. <strong>Headings</strong>: Headings are for reference purposes only and do not limit the scope or extent of such section.</p>
<p>30. <strong>Miscellaneous</strong>: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Catapult as a result of these Terms or your use of the Site and/or any of the Services. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and/or any of the Services or information provided to or gathered by us with respect to such use. The Sites may be viewed or used outside the United States of America, but Catapult makes no representation that these materials are appropriate or available for use there.</p>
<p>I have read, understand and agree to comply with the above Catapult Terms and Conditions.</p>
