Terms and Conditions for 1st Annual Black Sanctuary Fundraiser Gala

Last Updated: 12/18/2024

Black Sanctuary LLC (referred to throughout as “us,” “we,” “our”) serves as the curator and operational manager of the fundraiser (the “Gala”). In collaboration with Daisy Dream Project, DREAM!, and Loving You Into Freedom (collectively, the “Nonprofit Organizations”), we work to help these organizations maximize their impact through this fundraising event and related online engagement.

These Terms of Service (the “Terms”) apply to the Gala’s official website, any other websites or webpages we own or operate that include a link to these Terms, the websites and webpages that our Nonprofit Organizations create in connection with their campaigns and are operated by us, and the logos, designs, text, graphics, software, and other content and materials made available through the foregoing (collectively referred to as the “Website”). Any party that accesses, uses, or registers with the Website (referred to throughout as “you,” “your”) agrees to be contractually bound by these Terms. For the avoidance of doubt, our Nonprofit Organizations are subject to their own, separate legal and regulatory requirements under applicable nonprofit laws.

Your use of the Website, including any of the services or features accessible therein, constitutes your acceptance of these Terms. If you do not wish to use the Website in accordance with these Terms, then you should immediately discontinue using the Website.

These Terms contain provisions that limit our liability to you. Please see “Disclaimer of Warranties,” “Release,” and “Limitation of Liability” below for more information.

1.0 Updates to These Terms

We may update or change these Terms from time to time without notice to you. The most recent modification date will be noted by the “Last Updated” date at the top of this page. You agree that you will regularly check these Terms for updates or changes.

2.0 Intellectual Property and Content

2.1 Proprietary Rights. The Website, including its forward-facing components (e.g., images, designs, text, and arrangements), its various features and services, and all underlying software and code, is owned by us, our licensors, and/or the Nonprofit Organizations, and is protected under applicable copyright, trademark, and other intellectual property laws. Your use of the Website does not grant you any right, title, or interest in the Website or the intellectual property owned or licensed by us or by the Nonprofit Organizations.

2.2 Prohibited Activities. You agree to use the Website strictly in accordance with these Terms and only as it is intended. You may not copy, emulate, rent, lease, sell, modify, decompile, disassemble, reverse-engineer, or transfer any part of the Website. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, nor take any action that imposes an unreasonable or disproportionately large load on our systems. Nothing in these Terms grants you any right to use any of our or the Nonprofit Organizations’ trademarks, service marks, logos, domain names, or other indicia of origin.

2.3 Your Content. By posting, uploading, or transmitting content or information to or through the Website, you grant us a nonexclusive, irrevocable, perpetual, worldwide, sublicensable, royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use such content or information to operate the Website and our services and for any internal business purpose, without accounting, attribution, or compensation to you. You represent and warrant that you have all rights necessary to grant such license. We are not obligated to review or monitor user content but reserve the right to remove or modify any content for any reason.

2.4 Third-Party Content. The Website may include links or direct connections to other websites, content, or resources made available by third parties. We have no control over such third-party applications, websites, content, or resources and are not responsible for their availability or any loss or damage that may arise from your use of them.

3.0 Your Responsibilities

3.1 User Obligations. By accessing, using, or registering with the Website, you represent, warrant, and covenant that:

  • You have the authority to agree to these Terms.
  • You will comply with all policies posted on the Website.
  • Your use of the Website will not violate any applicable law or infringe the rights of any third parties.
  • You will provide true, accurate, current, and complete information and not misrepresent yourself.
  • You will not upload viruses or harmful code.
  • You will not post any material that is false, defamatory, abusive, vulgar, hateful, harassing, harmful, obscene, threatening, invasive of privacy, unlawful, or otherwise inappropriate.
  • You are at least 13 years of age, and if under 18, you have the consent of a parent or legal guardian.

3.2 Accounts. Certain features require creating an account. All information provided must be accurate and complete. You are responsible for all activity under your account and for securing your login credentials. We may suspend or terminate your account at any time.

3.3 Fundraiser Creation. When you register for the Gala, a fundraising webpage may be automatically created for you in connection with the related campaigns. This webpage may display your personal information as described in our Privacy Policy. You may request removal of the fundraising webpage by contacting us as directed.

4.0 International Use

Our services are primarily intended for use under U.S. law. You agree not to engage in financial transactions through the Website if you are in a country embargoed by the United States or listed on any U.S. government prohibited or restricted parties list.

5.0 Fees

Nonprofit Organizations that participate in the Gala or related services may pay a fee to us for such services. These fees support our efforts as the Gala’s curator and operational manager, helping facilitate fundraising compliance with applicable laws.

6.0 Additional Policies

6.1 General. Our policies posted on the Website are incorporated into these Terms.

6.2 Privacy Policy. Please see our Privacy Policy for information on how we collect, use, share, and secure your personal information.

6.3 Other Guidelines. You agree to abide by any community or content guidelines we make available on the Website.

7.0 Availability

We reserve the right to discontinue, terminate, modify, suspend, or make improvements to the Website or any part thereof at any time without notice. We will not be liable for any discontinuance, termination, modification, or suspension of the Website.

8.0 Liability

8.1 Disclaimer of Warranties. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted, error-free, or secure operation of the Website. The Website is provided “AS IS” and “WITH ALL FAULTS.”

8.2 Taxes. Any tax-related language on receipts is set by the Nonprofit Organization you transact with. Consult the relevant Nonprofit Organization and a qualified financial advisor regarding tax deductions.

8.3 Release. You release us, our affiliates, officers, directors, employees, and agents, as well as the Nonprofit Organizations, from any and all claims, damages, and liability arising from your use of the Website, attendance at or participation in the Gala, or any materials you provide.

8.4 Limitation of Liability. Our total liability to you will not exceed the greater of one hundred U.S. Dollars ($100) or the net amount of fees we have received from transactions you made through the Website in the twelve (12) months preceding the claim. We are not liable for special, consequential, indirect, punitive, or incidental damages.

8.5 Indemnification. You agree to indemnify, defend, and hold us, the Nonprofit Organizations, and our and their respective officers, directors, employees, and agents harmless from any and all third-party claims, costs, expenses, losses, and damages arising out of your use of the Website or your breach of these Terms.

9.0 General

9.1 Governing Law. These Terms are governed by the laws of the State of California without regard to conflicts of law principles.

9.2 Forum. The exclusive jurisdiction for disputes is the state and federal courts located in San Diego County, California.

9.3 No Joint Venture. These Terms do not create a joint venture, partnership, or other formal business relationship between you and us or between you and any of the Nonprofit Organizations. At all times, we remain an independent entity serving as curator and operational manager of the Gala.

9.4 No Assignment. You may not assign your rights under these Terms.

9.5 Entire Agreement. These Terms constitute the entire agreement between you and us regarding the Website and the Gala.

9.6 Severability. If any provision is invalid or unenforceable, the rest of these Terms remain in effect.

9.7 No Waiver. Failure to enforce any provision is not a waiver of that provision or any other provision.

9.8 Survival. Provisions related to Intellectual Property, Liability, and General sections survive termination.

9.9 Headers. Headings are for convenience only and do not affect the meaning of these Terms.

9.10 Attorney’s Fees. The prevailing party in any litigation arising from these Terms is entitled to recover reasonable attorney’s fees and costs.

9.11 Notices. We may provide notices by email, postings on the Website, or updates to these Terms.

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, supporting the Nonprofit Organizations in compliance with applicable nonprofit laws, and recognizing Black Sanctuary LLC as the Gala’s curator and operational manager.