Terms and Conditions
Last Revised: 03/21/2025
These Terms and Conditions (the “Terms and Conditions”) are entered into between you and Jamboree Fundraising, LLC (collectively, with its subsidiaries and affiliates, “Jamboree,” “we,” “us,” and “our”). These Terms and Conditions govern your access to and use of the services offered on our websites and mobile applications, including but not limited to Jamboree.org, the Jamboree app, and any other mobile applications directly owned by, or operated by or on behalf of, Jamboree and where these Terms and Conditions are linked (the “Application”), including any content or functionality offered on or through the Application. The Application is owned and operated by Jamboree.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER, PURCHASE, OR OBTAIN SERVICES FROM OR THROUGH THE APPLICATION IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH JAMBOREE, OR (C ) ARE PROHIBITED FROM ACCESSING OR USING THE APPLICATION OR ANY OF THE APPLICATION’S CONTENTS OR GOODS BY APPLICABLE LAW. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE APPLICATION, OR MAKE USE OF THE APPLICATION OR OUR SERVICES, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE APPLICATION AND SERVICES AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
By placing an order for any services (including Organizer Services, as defined below) or by accessing, browsing, submitting information to and/or using the Application, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and Conditions and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE APPLICATION OR PLACE ANY ORDER.
1. PURPOSE OF THE APPLICATION AND OUR SERVICES
Jamboree is an internet-based technology platform that allows individuals and organizations (collectively, “Organizers”) to raise funds to support youth-focused activities and organizations. Through Jamboree’s Fund-It-Forward (FunditForward) Program, Organizers can use the Application to create and run fundraising events (each, an “Event”) which make available for purchase certain services (“Organizer Services”) that are tied to specific social impact outcomes (“Impacts”). Jamboree ensures fulfillment of the specific Impacts associated with the respective Organizer Services sold through each Event directly or through partnerships with charitable organizations capable of achieving such Impacts (“Impact Charity Partners”). Sales proceeds of each Event are distributed to the Organizer that created the Event, the Impact Charity Partner(s) (if any), and Jamboree, in accordance with these Terms and Conditions. Each user of the Application who purchases an Organizer Service, whether they be a friend, family member, or member of the community, is referred to herein as a “Supporter.” (Supporters, collectively with Organizers and Participants, as defined below, are referred to herein as “Users,” “you,” or “your.”). Jamboree does not sell any products to Users on the Application. The Application is provided for informational purposes, the purposes of enabling communication between you and Jamboree, and providing our services to you.
The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our services.
JAMBOREE IS NOT AN AGENT OF SUPPORTER IN RECEIVING PAYMENTS. JAMBOREE IS NOT A BANK, MONEY TRANSMITTER, OR OTHER MONEY SERVICES BUSINESS, AS DEFINED BY THE BANK SECRECY ACT OR STATE BANKING LAW.
JAMBOREE IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES OR REPRESENTATIONS IN RESPECT OF THE TIMELINESS, RELIABILITY, SUITABILITY OR ACCURACY OF PAYMENTS, COMMUNICATIONS, SERVICES, OR EXCHANGE OF DATA BETWEEN USERS ON THE JAMBOREE APPLICATION.
2. OTHER TERMS
These Terms and Conditions are incorporated by reference and should be read in conjunction with the Application’s (1 ) Children’s Privacy Notice; (2 ) Privacy Policy; and (3 ) State Privacy Disclosure.
3. ORGANIZERS
Pursuant to these Terms and Conditions, you acknowledge that Jamboree will receive payments from Supporters (each, a “Payment”), and that Jamboree may use a portion of the Payment proceeds to directly fulfill the Impacts, or it may distribute a portion of those Payment proceeds to its designated Impact Charity Partners to fulfill the Impacts. Each User represents, warrants, and covenants as follows:
· It has the full corporate right, power and authority to enter into these Terms and Conditions;
· It will communicate clearly and promptly and act professionally with other Users on the Application;
· It shall only include factual information on the Application;
· It shall comply with all applicable local, state, and federal laws and regulations;
· It will not use the Application for any unlawful or immoral purpose;
· It shall immediately notify Jamboree of any updates to its legal name or, as applicable, its employer identification number; and
· It will not request that Jamboree solicit contributions on behalf of any Organizer.
Jamboree does not engage in the solicitation of charitable donations on behalf of any Organizer. Further, each Organizer agrees to indemnify, defend, forever release and hold harmless the Jamboree Indemnitees (defined below) from and against any Losses (defined below) arising from or related to: (a) any information provided by an Organizer to Jamboree; (b) the failure of an Organizer to provide information required by this Section; (c) any information provided by an Organizer to Supporters, including but not limited to any information that an Organizer chooses to include on the Application pages associated with their activities related to Jamboree; and (d) any breach of the representations, warranties, and covenants set forth in this Section.
4. USE OF THE APPLICATION
Jamboree grants you a non-exclusive right to access and use the Application and the data, material, content or information therein (collectively, the “Content”) solely for your personal use. You agree to use the Application only for lawful purposes, comply with all rules governing any transactions on and through the Application and comply with applicable laws.
5. CREATING AND RUNNING A FUNDRAISING EVENT
To create a fundraising Event on Jamboree, an Organizer or an Organizer’s designated representative (the “Seller”) must sign up for a Jamboree account (a "Seller Account"), provide bank account information to Jamboree’s payment processor partner(s) for ACH payout, and create a new Event for the Organizer on Jamboree. Each Seller must be associated in our records with an Organizer. An Organizer may also be a Seller. Each Seller may create and maintain only one Seller Account. Creating multiple Seller Accounts, using aliases or proxy Seller Accounts, or engaging in similar conduct designed to conceal a Seller’s true identity or to enable a Seller to transact business with Jamboree under more than one Seller Account is strictly prohibited. A Seller may create a Seller Account only on the Application and manage its associated store on the Application. A Seller may create multiple Events under a Seller Account. A Seller shall have no claims against Jamboree with respect to an Organizer’s handling of sale proceeds.
Jamboree does not hold any funds raised on the Application, nor does it handle the actual processing of payments. Jamboree uses third-party payment processors to manage and process all payments to Organizers fundraising through Events. As part of the Event set-up process, the Seller must select one or more of the available Organizer Services to offer for sale through the Event. The portion of sales proceeds that the Organizer will receive in connection with each Organizer Service, specified as a dollar amount or percentage of the purchase price, will be visible to the Seller at the time of Organizer Service selection. Other individuals who want to participate in selling Organizer Services through the fundraising Event (each, a “Participant”) must sign up for individual Jamboree accounts, and the Seller must associate those Participants with the Event. Once the Event is live, Participants can promote the Event to potential Supporters and invite Supporters to purchase Organizer Services as part of the Event through the Application. Supporters may purchase an Organizer Service in whole (a “Whole Purchase”) or in part (a “Partial Purchase”).
6. DISTRIBUTION OF PROCEEDS
For each Whole Purchase made through an Event, the sales proceeds will be distributed as follows.
a. A specified dollar amount or percentage of the purchase price, as disclosed to the Seller during the Event set-up process, and also disclosed to Supporters prior to completing a purchase on the Application, will be distributed to the Organizer via ACH payout upon the Seller’s submission of a request for payout through the Application following the close of the Event. As detailed further in Section 14 below, Jamboree uses Stripe for payment processing. Distribution of funds to the Organizer is contingent on the Organizer’s enrollment with and approval by Stripe. The Seller must obtain such approval from Stripe prior to requesting any payout of funds.
b. If Jamboree has partnered with one or more Impact Charity Partners to deliver the Impact associated with the Organizer Service, a specified dollar amount or percentage of the purchase price will be distributed to such Impact Charity Partner(s) (each, an “Impact Payment”). On a quarterly basis, Jamboree will disburse to each Impact Charity Partner (if any) the Impact Payments associated with all applicable Organizer Service purchases from the previous quarter. In the rare case that an Impact Charity Partner is ineligible to receive such funds, i.e., because the Impact Charity Partner’s tax-exempt status is revoked or it is otherwise not in good standing with applicable state and/or federal regulatory agencies, and Jamboree is unable to send the Impact Payments to the Impact Charity Partner as a result of this compliance issue, Jamboree shall find an alternative method to fulfill the Impact (which may include Jamboree’s direct fulfillment of the Impact, or selecting an alternate Impact Charity Partner to receive the funds and fulfill the Impact).
For each Partial Purchase made through an Event, the sales proceeds will be distributed to the Organizer, the Impact Charity Partner(s) (if any), and Jamboree consistent with the distribution terms above, on a pro rata basis. On a quarterly basis, Jamboree shall aggregate all Partial Purchases of each type of Organizer Service made during the prior quarter through all Events and to the extent any Partial Purchases do not collectively add up to a Whole Purchase, Jamboree will cover the difference to ensure that any Partial Purchases made during the prior quarter for which there are insufficient other Partial Purchases to complete a Whole Purchase will nevertheless result in a Whole Purchase.
Disbursements may be delayed or withheld in their entirety, for a number of reasons, including failure to complete the Stripe enrollment and approval process, disputes, fraud, violation of these Terms and Conditions, acts or omissions of third-party providers, and/or errors, defects or downtime of services or products provided by third-party providers.
The impact of an Organizer Service purchase through Jamboree is significant. Organizers typically receive at least 65% of the gross purchase price proceeds from the sale of each Organizer Service. In addition, each Organizer Service purchase helps achieve a beneficial social impact while supporting the designated Organizer. The exact dollar amount or percentage of the purchase price that will go to each Organizer may vary depending on the cost required to fulfill the Impact and other factors, but will be clearly disclosed as part of the purchase process prior to completion of such purchase.
From time to time, an Impact may be completed prior to the purchase of its associated Organizer Service. Jamboree may, at its discretion, choose to fulfill certain Impacts in advance of the purchases of their associated Organizer Services for reasons including, but not limited to, seasonal or weather-related considerations, logistical considerations, or the terms of Jamboree’s partnerships with Impact Charity Partner(s), if any. The advance fulfillment of any Impact(s) associated with the purchase of one or more Organizer Services through an Event will not affect the distribution of sales proceeds to the Organizer as set forth above, and Jamboree carefully tracks all Organizer Service sales and Impact fulfillments to ensure that all Organizer Service sales are associated with the achievement of their applicable Impacts.
Supporters that have questions about a purchase, Impact fulfillment, or any other issues, can email Jamboree at privacy@jamboree.org.
7. USER ACCOUNT RESPONSIBILITY
If you are given, or if you create, an account (including any password) to access the Application, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your account and you agree to notify Jamboree immediately of any unauthorized use of your account. Jamboree is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
You are responsible for making all arrangements necessary for you to have access to the Application and ensuring that all persons who access the Application through your control are aware of these Terms and Conditions.
You agree to be bound by policies, including any payment card association requirements, of third parties including networks and banks used to process payments. You agree to indemnify, forever release and hold harmless Jamboree and Jamboree Indemnitees (defined below) from and against any Losses (defined below) arising out of or relating to your relationship with your payment card association, network, bank or other financial institution or otherwise out of your agreement with such institution.
Some third parties may require a direct agreement with an Organizer. If a direct agreement between such third party and a particular Organizer is required, Jamboree will make reasonable efforts to facilitate the execution of such agreements between both parties. Jamboree reserves the right to disable or delete an Organizer’s account if Organizer is unable to enter into a direct agreement with such third party, as required by the policy of said third party.
Jamboree has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
8. PROHIBITED USES
You agree that you will not:
· Use the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of it;
· Attempt to gain unauthorized access to any Application account, computer systems or networks associated with the Jamboree or the Application;
· Obtain or attempt to obtain any materials or information through the Application by any means not intentionally made available or provided by the Jamboree;
· Use any robot, spider, or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
· Attack the Application via a denial-of-service attack or a distributed denial-of-service attack;
· Reverse engineer any aspect of the Application or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Application;
· Use the Application in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms and Conditions;
· Use the Application to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
· Impersonate or attempt to impersonate Jamboree, a Jamboree employee, another User or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
· Use the services if you are or wish to assist a person or entity who is on a Specially Designated National List of the U.S. Department of the Treasury Office of Foreign Asset Control (“OFAC”) or is otherwise prohibited from accessing the U.S. financial system.
All Supporters and Organizers must be residents of, and located within, the U.S.; otherwise they are prohibited from using the Application.
9. THIRD-PARTY WEBSITES
The Application may contain links to websites and platforms controlled or operated by persons and companies other than Jamboree (“Linked Sites”). Linked Sites are not under the control of Jamboree, and Jamboree is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Jamboree is not responsible if a Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Jamboree is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jamboree of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on Linked Sites. You are solely responsible for any dealings with third parties who support Jamboree or are identified in the Application, including any delivery of and payment for goods and services.
10. THIRD-PARTY APPLICATIONS
You acknowledge that your access and use of any third-party applications or software on our Application and Content (the “Third-party Applications”) is at your discretion and risk, and Jamboree has no liability to you arising from your use of the Third-party Applications. Jamboree hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold Jamboree harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.
11. INTELLECTUAL PROPERTY NOTICES
The Application and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Application or Content in any manner, except as expressly permitted by Jamboree in these Terms and Conditions. The Application and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Jamboree or applicable owner.
Copyright. You should assume that everything you see or read on the Application is copyrighted unless otherwise noted and may not be used without the written permission of Jamboree or the applicable owner. Jamboree neither warrants nor represents that your use of materials displayed on the Application will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Application is either property of, or used with permission by, Jamboree. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Application. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Application should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Application without the written permission of Jamboree or such third party that may own a trademark displayed on the Application. Your misuse of Jamboree’s trademark(s) displayed on the Application, or any other Content on the Application, except as provided herein, is strictly prohibited.
Your Content. Any Content you create or own or to which you have a license and use on the Application is Your Content. In sharing Your Content on the Application, you warrant and represent you have the legal right to use Your Content and grant Jamboree an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Application services as described in these Terms and Conditions and in any posted policies on the Application. The Application services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require Jamboree’s systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Application. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Jamboree or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Application should be directed to privacy@jamboree.org.
12. ORGANIZER SERVICE INFORMATION AND AVAILABILITY
Information about Organizer Services, Events, and Impacts are provided on the Application for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, specifications and/or availability may occur. Accordingly, we do not guarantee the accuracy or completeness of any information on the Application. We reserve the right to correct or update the Application with respect to Organizer Services, Events, and Impacts at any time without prior notice (including after you have submitted an order). ALL PURCHASES OF ORGANIZER SERVICES SHALL BE FINAL. REFUNDS ARE NOT AVAILABLE.
Jamboree and its Impact Charity Partners (if any) work to fulfill all purchases of Organizer Services and the completion of their associated Impacts within reasonably practicable time periods. However, the time periods for completing the Impact associated with each purchase of an Organizer Service will vary for many reasons, including without limitation weather and the seasonal nature inherent to certain Impacts, some of which are beyond Jamboree’s control.
13. ORDER ACCEPTANCE AND CANCELLATION
Orders will be initiated when a Supporter submits an order on the Application. Supporters agree that your order is an offer to buy, under these Terms and Conditions, all Organizer Services listed in your order. All orders must be accepted by Jamboree. Jamboree may choose not to accept any orders in its sole discretion. If a Supporter wishes to purchase any Organizer Services available through the Application, such Supporter may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as payment card number and expiration date) and billing address. Supporters represent and warrant that they have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, Supporters grant Jamboree the right to provide such information to third parties for the purposes of facilitating the order initiated by such Supporters or on their behalf. Orders are not subject to cancellation or modification, in whole or in part, except as expressly identified herein.
14. PRICES AND PAYMENT TERMS
All prices posted on the Application are subject to change without notice. The price charged for Organizer Services will be the price in effect at the time the order is placed. Price increases, and any price decreases, will only apply to orders placed after such changes and will not change already placed orders. Posted prices do not include taxes or charges for shipping and handling as applicable. All such taxes and charges will be added to your total and will be itemized in your shopping cart. We are not responsible for pricing, typographical, or other errors in any offer through the Application and we reserve the right to cancel any orders arising from such errors.
Supporters represent and warrant that: (i) the credit or debit card information or other payment information they supply to Jamboree is true, correct, and complete; (ii) they are duly authorized to use such payment information for the purchase; (iii) charges incurred by such Supporters will be honored by your financial institution; and (iv) such Supporters will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Jamboree utilizes Stripe, Inc. and Stripe Payments Company (collectively “Stripe”) for payment processing. Stripe’s various services agreements, notices and informational pages are located at https://stripe.com/legal/ssa. Stripe’s Consumer Terms of Service are located at https://stripe.com/legal/consumer. Organizer and Supporters agree to any terms and conditions related to Stripe to that are published or linked on the Application.
The Stripe Recipient Agreement applies to your receipt of such Payouts. To receive payouts from Jamboree, you must provide us accurate and complete information about you and your business, and you authorize Jamboree to share it and transaction information related to your payout with Stripe.
For more information on how Stripe processes your information, please visit Stripe’s Privacy Policy located at https://stripe.com/privacy.
Jamboree may also facilitate Payments via Bill Pay Processors (defined below). You acknowledge and agree: (1 ) to our facilitation of Bill Pay Processors for processing Payments; (2 ) that the facilitation and use of Bill Pay Processors is integral to our services; and (3 ) to the processing, use, and transfer of your personal information (as defined in our Privacy Policy) and other data to Bill Pay Processors for processing Payments.
15. COMPLIANCE WITH ASSOCIATION OPERATING REGULATIONS
The relationship of Jamboree to each Organizer shall also be governed pursuant to the Operating Regulations (defined below) permitted by Stripe, these may include, but are not limited to entities such as: (a) Visa, MasterCard, American Express, Apple Pay, Google Pay, Cash App; and (b) Stripe (collectively “Bill Pay Processors”, and together with Visa, Mastercard, American Express, Apple Pay, Google Pay, and Cash App, as applicable, and any other Bill Pay Processor made available through the Application by Stripe from time to time, the “Associations”, and each, an “Association”).
The Associations available to Users in association with the Application make excerpts of their rules, policies, and procedures (collectively, the “Operating Regulations”) available on-line, including without limitation, and provided here for convenience, via:
MasterCard: https://www.mastercard.us/en-us/business/overview/support/rules.html
Visa: https://usa.visa.com/support/consumer/visa-rules.html
American Express: https://www.americanexpress.com/merchantopguide
Apple Pay: https://www.apple.com/legal/internet-services/apple-pay-wallet/us/
Google Pay: https://pay.google.com/intl/en_in/about/terms/
Cash App: https://cash.app/legal/us/en-us/tos
Stripe shall dictate which specific Associations are available to Users at any given time through the Application and Users shall be restricted to use of those Associations as available through Stripe and the Application at any given time. For further details on individual Associations, please consult Stripe’s terms and conditions as well as the terms and conditions of each individual Association as available on their individual website.
Each applicable Association’s complete Operating Regulations are incorporated by reference into these Terms and Conditions, which are subject to change at any time, and will control with respect to any conflict in terms between these Terms and Conditions and such Operating Regulations.
16. RETURNS AND REFUNDS
As identified herein, refunds are generally not available for Payments on the Application. However, Users agree that Jamboree may, in its sole and absolute discretion, offer a refund to a Supporter for a payment in the event that: (a) Supporter provided such payment to the wrong Organizer; (b) the Organizer is fraudulent; or (c) where Jamboree determines, in its sole discretion, that the payment should be refunded. Except as otherwise set forth herein, to be eligible for a refund, Supporters must submit a request, within thirty (30) days of providing any payment, to privacy@jamboree.org with the subject “Refund Request” and include the relevant Jamboree username and transaction information. Jamboree will make commercially reasonable efforts to respond within ten (10) days of any such request but does not guarantee that the refund will occur.
17. INFORMATION OF MINORS
Please see our Children’s Privacy Notice for more information on how we collect and process information of individuals under the age of 13 and what rights parents and legal guardians have regarding their child’s information. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any Personal Information that we have collected about minors under the age of 13 without proper parental consent, we will take steps to securely remove it from our systems.
18. USER CONTENT
The Application may contain features that allow you to post, submit, publish, display or transmit to other Users or other persons text, materials, or other content (collectively, “User Content”) on or through the Application. Jamboree assumes no responsibility for the conduct of any User or you submitting any User Content, and assumes no responsibility for monitoring the Application for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Application is at your own risk.
The Application may include User Content that is provided by third parties, Organizers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Jamboree, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
19. MONITORING USER CONTENT
Jamboree has the right to:
· Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms and Conditions, including the content standards, infringes any right of any person or entity, threatens the personal safety of Users of the Application or the public or could create liability for the Jamboree, or if such User Content is not applicable to the subject matter (for example, providing unnecessary information).
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
· Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms and Conditions.
· Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application.
Jamboree has a zero tolerance policy for any User Content that constitutes, in our sole discretion, harassment, racism, obscene content, discrimination or any other offensive content of any kind. At our sole discretion, we may suspend, terminate or permanently ban your access to the Application and our services for any violation of this zero tolerance policy.
However, we do not undertake to review material before it is posted on the Application. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
YOU WAIVE AND HOLD HARMLESS JAMBOREE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JAMBOREE OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS RELATED TO USER CONTENT AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
20. LOCATION OF OUR SERVICES
Jamboree is located in the state of Indiana in the United States. Jamboree provides the Application for use only by persons located in the United States. We make no claims that the Application or any of its contents are accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries.
21. LIMITED WARRANTY AND DISCLAIMERS
Jamboree cannot and does not provide any warranties with respect to any of the Organizer Services or any other products or services available on the Application. Additionally, Jamboree cannot and does not provide any warranties for any Organizer fundraisers, events, or fulfillments of orders.
ALL ORGANIZER SERVICES OFFERED ON THE APPLICATION, OR ANY THIRD-PARTY PRODUCTS OR SERVICES, ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER. JAMBOREE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APPLICATION OR ANY ORGANIZER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU AFFIRM THAT JAMBOREE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S OR THE ORGANIZER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, JAMBOREE AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APPLICATION OR ANY ORGANIZER, EVENT, OR CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE APPLICATION. YOU SPECIFICALLY ACKNOWLEDGE THAT JAMBOREE AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT (INCLUDING WITHOUT LIMITATION FRAUDULENT CONDUCT OF WHICH JAMBOREE IS NOT EXPRESSLY AWARE) OF OTHER THIRD PARTIES, ORGANIZERS, SELLERS, OR USERS OF THE APPLICATION AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER JAMBOREE NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. JAMBOREE FURTHER MAKES NO WARRANTY THAT THE APPLICATION WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT JAMBOREE, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APPLICATION OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST JAMBOREE FOR DISSATISFACTION WITH THE APPLICATION OR THE CONTENT IS TO CEASE YOUR USE OF THE APPLICATION AND/OR THE CONTENT.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
22. FORCE MAJEURE
Jamboree shall not be responsible nor deemed to be in default on account of delays in performance due to causes that are beyond Jamboree’s control and not occasioned by Jamboree’s fault or negligence and which make Jamboree’s performance impracticable, including but not limited to Organizers' or Impact Charity Partners’ own delays or any civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work provided such cause is beyond Jamboree’s reasonable control.
23. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JAMBOREE OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, MISREPRESENTATIONS BY ORGANIZERS OR SELLERS, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE APPLICATION, ORGANIZER SERVICES, OTHER PRODUCTS OR SERVICES, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE APPLICATION OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE APPLICATION, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE JAMBOREE OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE APPLICATION OR PLACING AN ORDER ON THE APPLICATION SUBJECT TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH JAMBOREE IS TO STOP USING THE APPLICATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, JAMBOREE’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO JAMBOREE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, AND IF YOU HAVE MADE NO PAYMENT TO JAMBOREE, ONE HUNDRED DOLLARS ($100.00).
NOTHING IN THE FOREGOING LIMITATIONS OF LIABILITY SHALL LIMIT THE LIABILITY OF JAMBOREE TO SETTLE TO ANY ORGANIZER THE AMOUNT OF EACH PAYMENT RECEIVED BY SUCH ORGANIZER THROUGH THE APPLICATION WHERE JAMBOREE FACILITATES SUCH PAYMENT, LESS APPLICABLE FEES OR OTHER LIABILITIES OF SUCH ORGANIZER TO JAMBOREE HEREUNDER.
24. INDEMNITY/RELEASE
You agree to defend, indemnify and hold harmless Jamboree and its affiliates, directors, officers, employees, and/or agents (collectively, “Jamboree Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) (“Losses”) that may be incurred by any of the Jamboree Indemnitees arising out of or relating to: (i) Your Content or your use of Content on the Application; (ii) your violation of these Terms and Conditions; (iii) your violation of any applicable laws, rules or regulations in connection with the Application or use of Organizer Services; (iv) your negligence or more culpable act or omission in connection with the performance of these Terms and Conditions; (v) any Organizer Services or services purchased by you or payments made or received by you in connection with the Application; or (vi) any bodily injury, death of any third party or damage to real or tangible personal property caused by the negligent acts or omissions of you or your employees and agents.
You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Jamboree Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Jamboree reserves the right to assume the exclusive defense and control of any proceeding that relates to the Jamboree or the Application, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Jamboree in our defense thereof.
NOTWITHSTANDING THE FOREGOING, ORGANIZER HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES, AND WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST JAMBOREE INDEMNITEES THAT ARISE FROM OR RELATE TO ORGANIZER SERVICES, FUNDRAISERS, EVENTS, FULFILLMENT OF ORGANIZER SERVICE ORDERS, ENGAGEMENT WITH AN ORGANIZER’S CUSTOMERS, AND ITS CUSTOMER’S PURCHASES OF ORGANIZER SERVICES.
25. IOS AND ANDROID
If you are using an iOS or Google Android version of the Application, this section also applies to you. Apple and Google are not parties to these Terms and Conditions. They:
· do not own and are not responsible for the Application;
· do not provide any warranty for the Application; and
· are not responsible for maintenance or other support services for the Application and are not be responsible for any claims, losses, liabilities, damages, costs, or expenses with respect to the Application, including, without limitation, any third-party claims (including intellectual property claims), product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirements, claims arising under consumer protection, privacy or similar legislation, or claims relating to intellectual property infringement.
Jamboree grants you a nonexclusive, non-transferable, limited, and revocable-at-any-time license to access and use the Application in accordance with the Apple Media Terms of Service, Google Play Terms of Service, and other applicable terms—as updated from time to time. Apple, Google, and their subsidiaries are third party beneficiaries of these Terms and Conditions. They may have the right to enforce the Terms and Conditions against you. Jamboree may enter into, rescind, or terminate these Terms and Conditions, vary them, waive them, or settle under these Terms and Conditions without the consent of any third party.
You are responsible for complying with applicable third-party agreements. You are responsible for checking with your mobile carrier to determine if the Application is available for your mobile devices, what restrictions may be applicable to your use of the Application, and how much such use will cost you. You shall use the Application in accordance with these Terms and Conditions.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may direct any questions, concerns, or complaints about the Application to Jamboree by using the contact information provided herein.
26. TERMINATION AND RESTRICTION OF ACCESS
In its sole discretion, Jamboree may terminate or suspend your access to the Application for breach of these Terms and Conditions or for any reason whatsoever, with or without notice. Jamboree shall not be liable for any losses or damages arising from any such termination of service. Moreover, in addition to any remedies that may be provided under these Terms and Conditions, Jamboree may terminate these Terms and Conditions with immediate effect upon written notice to you, if you: (a) fail to pay any amount when due under these Terms and Conditions and such failure continues for 15 days after your receipt of written notice of nonpayment; (b) have not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (c) become insolvent, file a petition for bankruptcy, or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
27. DISPUTE RESOLUTION AND BINDING ARBITRATION
Purchasing of Services and Organizer Services.
YOU AND JAMBOREE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF ORGANIZER SERVICES OR OTHER JAMBOREE SERVICES THROUGH THE APPLICATION, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms and Conditions are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR JAMBOREE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
At Jamboree's sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.
28. LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Application must be commenced within one (1 ) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
29. GOVERNING LAW & JURISDICTION
All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Indianapolis, Indiana in all disputes arising out of or relating to the use of the Application.
30. ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions. Jamboree may assign these Terms and Conditions, in whole or in part, at any time.
31. NO WAIVERS
The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Jamboree.
32. CHANGES TO THESE TERMS AND CONDITIONS
Jamboree may update or change these Terms and Conditions from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Jamboree. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms and Conditions. Your continued use of the Application after any such change is communicated shall constitute your consent to such change(s).
33. GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jamboree as a result of these Terms and Conditions or use of the Application. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you. Jamboree’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Jamboree’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by the Jamboree with respect to such use.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue in effect. Provisions of these Terms and Conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms and Conditions.
These Terms and Conditions, including the Privacy Policy, and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Jamboree with respect to the Application, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Jamboree. A printed version of these Terms and Conditions and of any notices given in electronic form shall 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.
34. JAMBOREE CONTACT INFORMATION
Questions can be directed to Jamboree at: privacy@jamboree.org.