Raisy™ Terms & Conditions

Updated: 04/10/2019
Article #: 265

  1. Accounts.
    • Chairperson and Sellers. In order to direct or sell products on RAISY™, you must create an account by providing your name, email address, password. You agree to keep your contact information accurate and up-to-date. Please notify Entertainment of your intent to transfer your account to another Chairperson.
    • Account Reference. If you select a tag for your Account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about an Account name or information that may infringe on another’s intellectual property rights).
    • Children Under 18. If you are under the age of thirteen (13) your parents must create your Account.  If you are between the ages of fourteen (14) and seventeen (17), your parents will be notified that you have created an Account.  Your name and sales metrics will be relayed to your organization’s Chairperson. If you are under the age of 18, you may use RAISY™ with the permission of a parent or guardian. Entertainment® reserves the right to refuse service or terminate Accounts, in its sole discretion.
    • Registration. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Entertainment® of any security breach of your Account. Entertainment® shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register and keep your Account accurate and complete. You agree that Entertainment® may store Registration Data you provide for use in maintaining your Account.
    • Use.  Your Account will may only be used to manage a sale via RAISY™ and for no other purpose.  Accounts must be specific in nature and purpose and should:
      1. accurately reflect your group and the purposes for which you are raising funds;
      2. use proper, grammatically correct capitalization and may not include all capitals, except for acronyms;
      3. must not contain false, misleading, fraudulent, or deceptive claims or content.
    • Purpose.  Entertainment® is a for-profit company, and RAISY™ is a sales platform that may be used to raise funds on Your own behalf.  Organizations will receive a percentage of the total sales earned, not the total sale amount.  For specific details, please refer to your Sales Agreement.
    • General Rules. You agree not to:
      1. use RAISY™ to promote SPAM.
      2. collect Account data or other information using automated means or solicit login information or other Account data from other groups.
      3. promote via RAISY™ solicitations relating to alcohol-related, dating or other mature content (including advertisements).
      4. bully, intimidate, or harass any Seller or Consumer, or post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence, unlawful, misleading, malicious, or discriminatory.
      5. use Raisy™ to do anything that could disable, overburden, or impair the proper working or appearance of Raisy™, such as a denial of service attack or interference with page rendering or other functionality.
      6. provide any false personal information on Raisy™, or create an account for anyone other than yourself without permission.
      7. create more than per fundraising campaign.
      8. share the identities of your Sellers or Group’s supporters especially those received from minor children.
      9. Upload viruses or other malicious code.
  2. Emails.
    • This website is designed to help your organization keep in touch with your supporters. If you opt out of emails, you will still be associated with your organization, however you will miss opportunities to continue to support your cause. If you elect to opt out of emails, you will not receive any marketing emails from Entertainment®, however, you may still receive transactional emails pertaining to your account and the number of products sold.    
    • Entertainment will collect and store emails that you provide for solicitation of purchases.  Entertainment may use this data for solicitation of sales in the event your organization ceases to sell via RAISY™.                                                                                                                                      
  3. Photos.  RAISY™ allows you the opportunity to select from Avatars, stock photos or to upload your own photos.  In the event you elect to use your own photos you hereby grant HSP EPI Acquisition, LLC dba Entertainment®, their affiliates or subsidiaries and other persons that Entertainment may designate from time to time (collectively referred to as “Entertainment®”), the absolute and irrevocable right to reproduce, publish, modify, alter and/or use solely in association with your Account, any and all photographs uploaded for any purpose whatsoever, in perpetuity, without remuneration. Such photographs, digital images, and all other electronic images, including those stored on computer or transmitted by internet, remain your property.  You further attest that you have received consent to use photos containing proper names (i.e. Adams  Elementary School), photos of school/group mascots, logos, and have received consent from parents for children included in the photos who are under the age of 18. You further agree that you will not hold Entertainment® responsible for any liability resulting from the use of any photos, logos, mascots, etc., including what might be deemed to be misrepresentation due to distortion, optical illusion or faulty reproduction which may occur in the finished product. Entertainment reserves the right to remove photos at any time for any reason without notice.
  4. Electronic Agreements. Your use of this Site includes the ability to make transactions electronically. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by such transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software which are your sole responsibility. Entertainment® is not responsible for typographical errors.
  5. Privacy and Legal Notices. For Legal Notices and Privacy Policy please see (Privacy Policy and Legal Notices).
  6. Termination. You may terminate your Account at any time. If you fail, or Entertainment® suspects that you have failed, to comply with any of the provisions contained here or within your Sales Agreement, Entertainment®, at its sole discretion, without notice to you may terminate the Sales Agreement and/or your Account. Entertainment® reserves the right to modify, suspend, or discontinue your Account at any time with or without notice to you, and Entertainment® will not be liable to you or to any third party should it exercise such rights.
  7. Disclaimer or Warranties; Limits of Liability. Entertainment® does not guarantee, represent, or warrant that your use of this sites will be uninterrupted or error-free, and you agree that from time to time Entertainment® may remove the Account of indefinite periods of time, or cancel the Account at any time, without notice to you. You expressly agree that your use of, or inability to use the Account is at your sole risk.  The Account and the services delivered to you through the Account are (except as expressly stated by Entertainment®) provided “AS IS” and “AS AVAILABLE” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Because some jurisdiction do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In no case shall Entertainment®, its Directors, Officers, Employees, Affiliates, Agents, Contractors or Licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of any of the Account or for any other claim related in any way to your use of the Account, including by not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Account, even if advised of their possibility.  Because some state or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdiction, Entertainment’s liability shall be limited to the extent permitted by law.  Entertainment® shall use reasonable efforts to protect information submitted by you in connection with the Account, but you agree that your submission of such information is at your sole risk and Entertainment® hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.  Entertainment® does not represent or guarantee that the Account will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Entertainment® disclaims any liability relating thereto.
  8. WAIVER AND INDEMNITY. By using the Account, you agree, to the extent permitted by law, to indemnify and hold Entertainment®, its Directors, Officers, Employees, Affiliates, Agents, Contractors and Licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Account, or any action taken by Entertainment as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred.  This means that you cannot sue or recover any damages from Entertainment, its Directors, Offers, Employees, Affiliates, Agents, Contractors, and Licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Account, or to take any other action during the investigation of a suspected violation or as a result of Entertainment’s conclusion that has occurred.  This waiver and indemnity provision applies to all violations described in or contemplated under this Agreement.
  9. CHANGES. Entertainment® reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use of the Account. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms and Conditions. Your continued use of the Account will be deemed acceptance thereof.
    • These Terms and Conditions and your Sales Agreement constitute the agreements between you and Entertainment® and governs your use of the Account. If any part of these Terms and Conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Entertainment's failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such or any other provision. Entertainment® will not be responsible for failures to fulfill any obligations due to causes beyond its control.
    • The Account is operated by Entertainment® from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Account. All transactions on the Account are governed by Michigan law, without giving effect to its conflict of law provisions. Your use of the Account may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Entertainment® or relating in any way to your use of the Account resides in the courts in the State of Michigan. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Michigan upon electronic transmission to the recipient. No Entertainment® employee or agent has the authority to vary these Terms and Conditions.
    • Entertainment® may notify you with respect to the Account by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Account. Notices shall become effective immediately.
    • Entertainment® reserves the right to take steps Entertainment® believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions. You agree that Entertainment® has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Entertainment® believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Entertainment's right to cooperate with any legal process relating to your use of the Account and/or ENTERTAINMENT® Offers, and/or a third-party claim that your use of the Account and/or ENTERTAINMENT® Offers is unlawful and/or infringes such third party's rights).

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