Tiltify Terms of Service

Last Updated: May 17, 2017

Welcome to the Tiltify, Inc. (“Tiltify”) website located athttps://tiltify.com(the “Site”). Please read these Terms of Service (“Terms”) carefully because they govern your use of our Site and our crowdfunding platform accessible via our Site. To make these Terms easier to read, the Site and our platform are collectively called the “Platform.”

1. Tiltify & Our Role

Our Platform’s main role is to allow users to (i) set up a campaign (“Campaign”) to benefit a particular cause or charity (“Cause”); and (ii) support a Cause, for example by donating money to a Cause through a Campaign. For purposes of these Terms:

  1. "Authorized User" means your full-time employees or contractors.
  2. "Cause Owner" means the charitable or other organization that is entering in to these Terms.
  3. "Campaign Sponsor" means an individual or entity that creates a Campaign for the benefit of a Cause.
  4. "Cause Marks" means the trademarks, logos, marks, and other information that a Cause Owner submits to the Platform for the purposes of created a mark or avatar to be associated with such Cause Owner’s Cause or Campaigns.
  5. "Contribution" means the money a Supporter gives to a Cause through the Platform.
  6. "Supporter" means an individual who donates to a Cause through the Platform.

These terms cover users that are Cause Owners. If you also desire to be a Supporter or Campaign Sponsor, you may use the service pursuant to a separate agreement available athttps://tiltify.com/pages/terms-of-service, which governs your use of the Platform as a Supporter or Campaign Sponsor.

We do not endorse any charity, Cause, or user of our Platform. Your use of our Platform in any way, whether you create a Cause Page, register for an Account, or neither, does not constitute our endorsement of you, your charity, or any Cause. We merely provide a platform to allow Cause Owners to connect with Campaign Sponsors and Supporters. The Platform are not a solicitation of donations by Tiltify and Tiltify does not engage in any solicitation activities on behalf of any individuals, entities or organizations or any Campaigns or Causes.

2. Agreement to Terms

By using our Platform provided hereunder, “you” agree to be bound by these Terms and ourfee page, which is incorporated by reference into these Terms. If you don’t agree to these Terms, do not use the Platform. You are accessing and using the Platform on behalf of a company (such as your employer) or other legal entity, and you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. For purposes of these terms, “you” and “your” and “Cause Owner” will refer to that company or other legal entity.

3. Privacy Policy

Please refer to our Privacy Policy (https://tiltify.com/pages/privacy-policy) for information on how we collect, use and disclose information from our users.

4. Changes to Terms or Platform

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Platform after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Platform anymore. Because our Platform is evolving over time we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.

5. Who May Use the Platform

Eligibility

You may use the Platform only if you are a charitable organization with tax-exempt status in the United States under section 501(c)(3) of the Internal Revenue Code or comparable status under other applicable law based on where your organization and your Supporters are located. Your use of the Platform must be consistent with the charitable purpose under which you are registered for tax-exempt or charitable status. If you lose such status, you may no longer use the Platform. If you wish to benefit from the Platform you may be required to supply information to the applicable third-party payment processor to enable the processor to verify your charity status and properly deliver any payments to you. Such information may include, without limitation, your U.S. tax ID number or comparable information under other applicable law based on where your organization and your Supporters are located. You agree to address any concerns from any regulatory agency overseeing charitable solicitation activity. Tiltify reserves the right to cooperate in any investigation by any regulator agency with concerns that a law is being violated by you or other users of the Platform.

Registration and Your Information

Creating a Cause Page requires creating an account (“Account”) on the Site. When you create your Account and register you will select the level of service you desire to receive from Tiltify (as described below in Section 6). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. You are also responsible for all of the above regarding your Authorized Users and any activity under their Accounts, whether or not you know about such activity.

Authorized Users

You may not allow access to or use of the Platform by anyone other than Authorized Users. You are limited to one (1) Account. You shall keep confidential and not disclose to any third parties and shall ensure that Authorized Users keep confidential and do not disclose to any third parties, any user identifications, passwords, or Account profiles.

6. Platform Provided Hereunder

You automatically receive access to Tiltify’s standard platform tools when you register for an Account and agree to these Terms.

You may also elect, at your option, to receive additional premium platform tools from Tiltify. You may select the scope of any such premium platform tools during the registration process (any such platform tools, the “Premium Platform”). The Premium Platform is subject to additional fees, which will be presented to you during the registration process (such fees, the “Platform Fees”). Subject to your payment of the Platform Fees, Tiltify will provide the Premium Platform to you for the duration selected during the registration process (the “Premium Period”).

7. Fees & Payment

Contribution Fees

When users make a Contribution, we impose a processing fee, calculated as a percentage of the Contribution (the “Contribution Fees”). Unless you have otherwise agreed to a different Contribution Fee with us in writing or a different processing fee with the applicable third-party payment processors, the Contribution Fees and the fees charged by our third-party payment processors are set forth on our fee page. The Contribution Fee is automatically deducted from the Contribution by the third-party payment processor at the time the Contribution is made (these payment processors are listed on ourfee page).

We never handle any part of the Contribution. We merely receive the Contribution Fees from the third-party payment processor or directly from you pursuant to the terms herein. We reserve the right to change the fees at any time by posting the updated fees to the Platform. Updated fees are applied to Campaigns launched after the updated fees are posted to the Platform.

Our third-party payment processing service will use the payment method a Supporter designates via the Platform (e.g., PayPal or credit card). The third-party processor will then transfer the Contribution (net of applicable fees if deducted by the third-party processor) to you. We are not responsible for the performance of any third-party payment processing Platform nor the fees charged by such third party processors. If any Contribution or other paid amount is not accepted or honored, a returned payment fee may be charged to you to cover our administrative costs.

Unless otherwise specified in connection with a particular Campaign or Cause Page, all Contributions are made as unrestricted gifts. Tiltify makes no representation as to whether all or any portion of a Contribution are tax deductible. Tiltify will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Supporter by any Tiltify user. You should consult your tax advisor as to the tax implications of receiving Contributions, particularly if you offer a reward in connection with your Cause Page or Campaign. You are responsible for all taxes associated with your use of the Platform.

Platform Fees

Additionally, if you elect to receive Premium Platform, you will pay to Tiltify the Platform Fees presented during your registration process. The Platform Fees are due in advance for the entire Premium Period and will be charged through the payment method you select through our third party payment processor. The Platform Fees for each Renewal Period (as defined in Section 14) will be charged through the third party payment processor upon the commencement of the applicable Renewal Period.

None of our fees or charges are refundable, except that a prorated amount of Platform Fees will be refunded pursuant to Section 14 if Tiltify terminates for convenience.

Taxes

All amounts and fees stated or referred to in these Terms are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including without limitation, VAT) (collectively “Taxes”). You are responsible for the payment of all Taxes and any related interest and/or penalties resulting from any payments made under these Terms other than any taxes based on Tiltify’s net income.

8. Your Responsibilities

Transparency Regarding your Cause

It is your responsibility to be as transparent as possible regarding your Cause and what happens with Contributions you receive. Supporters and other users of the Platform should be able, by reading your Cause Page, to understand the nature of your Cause, who the Cause Owner is, and how their Contribution will be used. Tiltify does not control what you do with Contributions, and Tiltify does not and cannot warrant or represent the actual purpose to which any Contribution will be used by you. You are solely responsible for ensuring that Contributions you receive are ethically and legally allocated to support the Cause posted and the expectations of Supporters. You agree to comply with all applicable laws related to your use of the Platform and all Contributions made to you, regardless of the purpose of the use, including any laws relating to raising funds for charity.

Keep your Promises and Comply with the Law

You agree to meet all commitments you make in or relating to any Cause Page you create (including distribution of Contributions and any rewards offered by you). You must respond promptly and truthfully to all questions posed to you by Tiltify and other users of the Platform. If you are unable to fulfill any of your commitments, you will work with Supporters and Campaign Sponsors who have supported your Campaign and/or Cause to reach a mutually satisfactory resolution, which may include refunding monies paid by Supporters. Tiltify may attempt to verify your identity and other information you provide to us, and we may delay, withhold, reverse or refund any amounts paid without notice or liability in the event we are unable to verify any information to our satisfaction. If any state regulatory agency overseeing charitable solicitation activity has concerns regarding your Cause or you as a Cause Owner, we may direct these concerns to you in our discretion. We will of course cooperate in any investigation by any regulatory agency with concerns that a law is being violated by you or our other users.

Cause Mark Usage

You hereby grant to Tiltify a non-exclusive, sublicenseable, worldwide, royalty-free license to use your Cause Marks in connection with Campaigns established by you or other Campaign Sponsors, in each case for those Campaigns that support your Cause.

You may request to withdraw permission for the use of your name and/or Cause Marks from a Campaign. Please note that in honoring such a request, we may, at our discretion, terminate any affected Campaign(s).

Rewards

You may choose to offer rewards in connection with your Cause Page. You are solely responsible for the rewards you offer and for any terms and conditions relating thereto or compliance with applicable requirements in this regard, legal or otherwise.

Use of Supporter Information

Contributions you receive will appear on your dashboard page along with certain information about the applicable Supporter such as their email address, mailing address, and whether they wish to be contacted (“Supporter Information”). You will not use, share, or otherwise disclose any Supporter Information except (i) to send Supporters rewards for their Contributions; (ii) to send promotional emails about your Cause to Supporters that have consented to such communications; and (iii) for internal auditing and tax reporting required by law. Any other use or sharing of Supporter Information must be approved in writing by Tiltify. You will not use Supporter Information for any purpose if Supporters have requested or otherwise communicated that they no longer to receive your communications.

You have the option of presenting a link to your own privacy policy; provided that such privacy policy must confirm to the scope of use and restrictions set forth herein with respect to any Supporter Information collected you collect through Tiltify’s Platform.

Without limiting the foregoing, you agree not to do any of the following:

9. Feedback

We welcome feedback, comments and suggestions for improvements to the Platform (“Feedback”). You can submit Feedback via our Feedback Form. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

10. Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Platform; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Platform, including Content for the for any Cause Page, Campaign and Cause Marks.

Content Ownership, Responsibility and Removal

Tiltify does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Tiltify and its licensors exclusively own all right, title and interest in and to the Platform (including but not limited to the Standard Platform and Premium Platform) and Content, including all associated intellectual property rights. You acknowledge that the Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Content.

Rights in User Content Granted by You

By making any User Content available through Platform you hereby grant to Tiltify a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Platform and Content to you, and providing our general Platform to Campaign Sponsors, Contributors, and other users of our Website.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by Tiltify on or through the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove some of your User Content by specifically deleting it or by revoking permission for the use of your Cause Marks in accordance with the Cause Marks Usage section above. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Platform. Except as described in the Cause Marks Usage section above, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

11. General Prohibitions and Tiltify’s Enforcement Rights

You agree not to create a Cause Page or offer any rewards to raise funds for illegal activities, to cause harm to people or property, or to scam other users. You must comply with all applicable laws and regulations relating to any Cause Page or Campaign and Contributions received.

Without limiting the foregoing, you agree not to do any of the following:

  1. Post, upload, publish, submit or transmit any Content or use the Platform in any way that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  2. Use, display, mirror or frame the Platform or any individual element within the Platform, Tiltify’s name, any Tiltify trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tiltify’s express written consent;
  3. Access, tamper with, or use non-public areas of the Platform, Tiltify’s computer systems, or the technical delivery systems of Tiltify’s providers;
  4. Attempt to probe, scan or test the vulnerability of any Tiltify system or network or breach any security or authentication measures;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tiltify or any of Tiltify’s providers or any other third party (including another user or Cause Owner) to protect the Platform or Content;
  6. Attempt to access or search the Platform or Content or download Content from the Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tiltify or other generally available third-party web browsers;
  7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  8. Use any meta tags or other hidden text or metadata utilizing a Tiltify trademark, logo URL or product name without Tiltify’s express written consent;
  9. Use the Platform or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Content to send altered, deceptive or false source-identifying information;
  11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or Content;
  12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
  13. Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission;
  14. Impersonate or misrepresent your affiliation with any person or entity;
  15. Violate any applicable law or regulation; or
  16. Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Platform or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content (including any Cause Page, Campaign, or posting), at any time and without notice, including but not limited to if we, at our sole discretion, consider any such Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

12. DMCA/Copyright Policy

Tiltify respects copyright law and expects its users to do the same. It is Tiltify’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy at (tiltify.com/copyright-policy), for further information.

13. Links to Third Party Websites or Resources

The Platform may contain links to third-party websites or resources, and we may authorize you to use certain third-party services in conjunction with Campaigns and Cause Pages presented via the Platform. Tiltify is not responsible for the content, products, or services on or available from those websites, services, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from use of any third-party websites, services, or resources. You are responsible for complying with agreements that govern your use of third-party websites, services, and resources. To the extent that you provide links to such third-party websites through your Cause Page or Campaign pages, you are responsible for other Tiltify users’ interaction with such third party sites.

14. Termination

We authorize you to use the Standard Platform pursuant to these Terms for the duration of these Terms. We authorize you to use the Premium Platform pursuant to these Terms for the duration of any Premium Period. The Premium Period (if any) will automatically renew for a duration equal to the Premium Period (each, a “Renewal Period”) unless you or Tiltify cancel your access to the Premium Platform or elect not to renew via our third party payment processor prior to the then-current Premium Period or Renewal Period. Upon cancellation or expiration of the Premium Term, you may continue to use the Standard Platform pursuant to the terms herein.

We may terminate your access to and use of the Platform (including but not limited the Premium Platform) for convenience at our sole discretion, at any time, and without notice to you. We may also terminate your access to and use of the Platform if you breach any of your obligations or restrictions in these Terms. You may cancel your Account and the Platform at any time by emailing us atcharity@tiltify.comor using the cancellation mechanism that is available through your Account (if such mechanism is made available). If we terminate this Agreement or the Premium Platform for convenience prior to the end of the Premium Term, we will refund you a pro-rated amount of the Platform Fees based on the portion of the duration of Premium Term that has not transpired as of such termination date. Tiltify will not provide a refund of Platform Fees under any other circumstance.

Upon any termination, discontinuation or cancellation of Platform or your Account, the following sections will survive: 2 (Agreement to Terms), 7 (Fees & Payments), 8 (Transparency Regarding your Cause, Keep your Promises and Comply with the Law, and Use of Supporter Information only), 9 (Feedback), 10 (Content and Content Rights), 11 (General Prohibitions and Tiltify’s Enforcement Rights), 13 (Links to Third Party Websites or Resources), 14 (Termination), 15 (Warranty Disclaimers), 16 (Indemnity), 17 (Limitation of Liability), and 18 (General Terms).

15. Warranty Disclaimers

THE PLATFORM AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS AND WARRANTIES RELATING TO CAUSE PAGES OR CAMPAIGNS AND DISCLAIM ANY AND ALL LIABILITY RELATING THERETO. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

16. Indemnity

You will indemnify and hold harmless Tiltify and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Platform or Content, (ii) any Cause Page or Campaign created by you, (iii) your User Content, or (iv) your violation of these Terms.

17. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED FOR IN THESE TERMS, NEITHER TILTIFY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA (INCLUDING ANY LOSS, DESTRUCTION, ALTERNATION, UNAUTHORIZED DISCLOSURE, OR CORRUPTION OF ANY OF YOUR USER CONTENT OR DATA) OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PLATFORM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TILTIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL TILTIFY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT OF PLATFORM FEES RECEIVED BY TILTIFY IN THE LAST TWELVE (12) MONTHS PRECEDING THE CLAIM FOR THE PARTICULAR CAUSE PAGE OR CAMPAIGN UNDER WHICH THE CLAIM OCCURRED.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TILTIFY AND YOU.

For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

18. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Tiltify and you regarding the Platform, Content, and Cause Pages, and, except for any separate written agreement executed by you and Tiltify for the provision of the Platform (a “Prior Written Agreement”), these Terms supersede and replace any and all prior oral or written understandings or agreements between Tiltify and you regarding the Platform, Content, and Cause Pages. If you have entered in to a Prior Written Agreement, the terms of the Prior Written Agreement will apply to the provision of Platform until such agreement terminates or expires. Upon expiration or termination of the Prior Written Agreement, these Terms will govern any continued access to the Standard Platform. If any provision of these Terms is held invalid or unenforceable by court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the state or federal courts located in the Los Angeles, California. Tiltify and Customer hereby agree to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.

You may not assign or transfer these Terms, by operation of law or otherwise, without Tiltify’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Tiltify may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Tiltify under these Terms, including those regarding modifications to these Terms, will be given: (i) via email to the email address you provide us via the Platform; or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Tiltify’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tiltify. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Contact Information

If you have any questions about these Terms or the Platform, please contact Tiltify atcharity@tiltify.comby email or by mail at 9740 Campo Rd. Suite 1002, Spring Valley CA 91977.