Whirl Terms of Use

1. Welcome to WHIRL!

This Terms of Use (together with our Privacy Policy, incorporated herein by reference, the “Agreement”) is a legal agreement between you and WHIRL (“WHIRL” or “we”). By accessing our website WHIRL.com (the “Site”), you agree to comply with and be legally bound by the Agreement. If you do not agree, please do not access our Site. Our Site is not for persons under the age of 18. If you are under 18 years of age, then please do not use the Site.

2. What We Do

WHIRL is an online donation-based crowdfunding platform. We provide online fundraising tools to individuals and entities that wish to raise money for causes and projects they care about (the “Services”). Each person or entity that creates a project (a “Project Creator”) can set up a project page where they can post stories, photos, audio clips, testimonials, and videos about their projects and receive donations from those who support the project (the “Backers,” and together with Project Creators and visitors to the Site, “Users”). Through our advanced search tools, all visitors to the Site can search through all of the projects and choose to donate to the ones that they wish to support. Even though anyone can become a Backer by contributing money towards any project, only Backers can become Project Creators and create their own campaigns on the Site.

WHIRL only provides a technology platform that allows Project Creators to connect with Backers. By donating money to a project, Backers enter into contracts directly with Project Creators. WHIRL is not a party to those agreements. All dealings are solely between Users. We make no representations about the quality, safety, morality or legality of any project or the truth or accuracy of any User Content that appears on the Site. We do not guarantee that donations will be used as promised or that the projects will reach their goals. Those who access or use the Service do so at their own risk and volition and are solely responsible for compliance with applicable law.

3. Eligibility to Use the Site

You may view Content on the Site without registering, but as a condition for certain aspects of the Service, you may be required to register on the Site and create an account. This process includes selecting a screen name and a password. When creating an account, you represent and warrant that:

  1. all information you submit is truthful, current, complete and accurate;
  2. your use of the Service does not violate any applicable law or regulation; and
  3. you are at least 18 years of age (or a legal age in your jurisdiction) or have received parental consent and supervision when using the Service and your parent or legal guardian also agrees to be bound by this Agreement and agrees to be responsible for your use of the Service.

We reserve the right to terminate your account, your project and your use of the Site at any time, for any reason at our sole and absolute discretion.

4. Project Creators’ Additional Representations

If you are a Project Creator, you additionally represent and warrant that:

  1. You are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and
  2. You will use all donated funds solely for the purpose you have stated on the Site, and under no circumstances may you use the funds for any other purpose.

You understand and agree that, if asked by WHIRL, you will be required to provide supplementary information about yourself or your organization. You authorize WHIRL to conduct background inquiries.

5. Backers’ Additional Representations

If you are a Backer, you additionally represent and warrant that any donation that you make through WHIRL is legal in your jurisdiction. We will not be held liable for any loss or damages due to your non-compliance.

Further, you agree that your use of the Service and reliance upon any of the materials available at the Site is solely at your own risk. You should ask questions and investigate any project and Project Creators to the extent you feel is necessary before you make a donation. While we take reasonable efforts to review projects for compliance with the eligibility requirements, we do not verify, endorse or control any of the information on the Site (outside of official documentation).

All donations are made voluntarily and at your sole discretion and risk. As a Backer, you agree to provide us with your payment information, and you consent to WHIRL and our payment partners charging your credit card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds. You agree to have sufficient funds or credit available to ensure that the pledge will be collectible.

6. Intellectual Property

The Site contains trademarks, service marks and domain names owned by WHIRL or other third parties. Unless specifically noted that such trademarks, service marks or domain names belong to a third party, WHIRL owns all trademarks, service marks and domain names displayed on the Site, whether registered or unregistered, including but not limited to, the name WHIRL, our logo, our design patterns and our other graphics, WHIRL.com website trade dress, and other indicia of origin of WHIRL products and services. The use of our intellectual property is strictly prohibited, unless we have granted our prior written consent.

The content of the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship, both individually and as they are compiled on the Site (the “Content”), and software used on this Site, are the property of WHIRL or third parties, and are protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by WHIRL (“WHIRL Content”), and material owned or controlled by third parties and licensed to WHIRL, including User Content (as described below). Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.

7. License Grant

We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service and the Content subject to your eligibility and your continued compliance with this Agreement. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the Content we provide. As between you and us, we retain all right, title and interest in and to the Content (other than your own User Content), and all related intellectual property rights. We reserve all rights not granted in this Agreement.

8. User Content

As a User of the Site, you may create projects, post, upload, publish, submit or transmit your comments, reviews, opinions, videos, testimonials, and other content (“User Content”). We do not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant that:

  1. you own or have the necessary permissions to your User Content to enable use of the User Content in the manner contemplated by this Agreement;
  2. neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content, will infringe, misappropriate or violate a third party’s patent, trademark, trade secret, copyright or other proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person.

For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, prepare derivative works of, publicly display, publicly perform and otherwise exploit such User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels.

We neither endorse the content of your communications, postings or data, nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials or any crime facilitated by use of the Site. You agree to hold us and our affiliates, employees and agents free of responsibility for any potentially damaging User Content posted by you.

9. Unsolicited Idea Submissions

We are always happy to hear from our Users and are grateful for your comments and suggestions how to improve our Services. The following policy applies to all third party submissions of ideas, comments, suggestions, improvements, proposals or materials: (a) all submissions are non-confidential and non-proprietary; (b) we will not be liable for any use or disclosure of any submission; and (c) we can use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.

10. Prohibited Activities

By accessing and using the Site, you agree that you will not use the Site and the Service for any unlawful or prohibited purpose. You may not attempt, through any means, to gain unauthorized access to any part of the Site or the Service, other account, computer system or network connected to our server.

WHIRL reserves the right, in its sole and absolute discretion, to monitor any and all use of the Site and remove any User Content at any time.

Without limiting the foregoing, you will not use the Site and the Services to:

  1. post or otherwise transmit any User Content that (i) is unlawful, false, misleading, inaccurate, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vii) are “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in the sole judgment of WHIRL, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose WHIRL or its users to any harm or liability of any type;
  2. violate any applicable local, state, national, international or other law or regulation, or any order of a court, including without limitation, rules about intellectual property rights, the Internet, technology, data, email or privacy;
  3. access the Site and the Content from territories where such website and consent are illegal or strictly prohibited;
  4. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  5. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  6. interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  7. use the Services to transmit, distribute, post or submit any information concerning any other person without their permission;
  8. harvest or collect email addresses or other contact information of other Users by electronic or other means without their consent;
  9. “stalk” or harass any other User or collect or store any information about any other User;
  10. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
  11. register for more than one user account or register for a user account on behalf of an individual other than yourself;
  12. transfer or sell your account and/or username to another party;
  13. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  14. use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
  15. other than with respect to your own User Content, (i) use, reproduce, duplicate, copy, sell, resell or exploit the Content; (ii) compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or (iii) otherwise remove any text, copyright or other proprietary notices contained in the Content;
  16. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
  17. modify, translate, or otherwise create derivative works of any part of the Service; or
  18. advocate, encourage, or assist any third party in doing any of the foregoing.

11. Acknowledgements

You agree and understand that by creating a WHIRL account and posting User Content, you will be exposing your personal information to others. Under no circumstances will WHIRL be liable for any consequences resulting from you sharing your information with other people, including, but not limited to, for any errors or omissions, or for any loss, injury or damage of any kind incurred as a result of such actions. You release WHIRL from any claims related to the sharing of your information through the Site, including personally identifiable information. You acknowledge that WHIRL has no control over, and no duty to take any action regarding: which persons gain access to your information; how they use such information and what effects this may have on you.

12. Password and Account Security

You are solely responsible for maintaining the confidentiality of your password associated with your account. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.

You agree to (a) immediately notify us at [email protected] of any unauthorized use of account or any other breach of security, and (b) ensure that you log off and exit from your account at the end of each session when accessing the Services. WHIRL will not be liable for any loss or damage arising from your failure to comply with this section.

13. Payments

WHIRL serves as an intermediary between Backers and Project Creators. After a project has ended, WHIRL remits all donated funds (less any service fee) to the Project Creator in the form of a wire transfer from our bank account. If the project is found to be in violation of the terms of this Agreement, WHIRL reserves the right to terminate the project and the Project Creator’s user account and return funds to Backers.

WHIRL does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary or user. In addition, donations made on WHIRL are nonrefundable. After WHIRL transfers funds to the Project Creator, all further dealings are solely between you and such organizations and individuals. By using this Site you understand and agree that WHIRL shall not be responsible for any losses or damages incurred as a result of any project. In the event of a dispute between users (including but not limited to project creators, donors, beneficiaries, and third parties), you agree to release WHIRL, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers or anyone else who has participated in the creation, development or delivery of this Site from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our Service. Although WHIRL shall not be held liable for the actions of a Project Creator, WHIRL reserves the right to terminate any project and remove the project and/or User at any time and for any reason.

14. Processing of funds

WHIRL charges a fee of 5% per transaction on all proceeds from fundraiser projects. WHIRL may also use the services of a payment processor that may also charge processing fees. Disbursement of funds (less all applicable fees) will be made at the termination of the project unless a request for earlier payment is approved by WHIRL in its sole discretion. Users and/or beneficiaries have full responsibility for all applicable taxes for funds paid. User agrees to indemnify, defend and hold WHIRL harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on WHIRL by the relevant taxing authorities with respect to any funds paid.

15. External Links

This Agreement applies only to the Site and the Services. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties such as producers (“Third-Party Content”), either at the Site or through links to third-party websites or mobile applications. Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites or mobile applications. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.

16. Disclaimer of Warranties

The information on this Site is provided "as is" without warranty of any kind. WHIRL does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this website. No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard, accuracy or otherwise of the information provided in this website nor to the suitability or otherwise of the information to your particular circumstances. WHIRL cannot and will not guarantee that this website is free from computer viruses or anything else that has destructive properties. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

17. Limitation of Liability

WHIRL shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this website, or from your use of (or failure to use) the information on this site. This website provides links to other websites owned by third parties. The content of such third party sites is not within WHIRL’s control, and WHIRL cannot and will not take responsibility for the information or content thereon. Links to such third party sites are not to be taken as an endorsement by WHIRL of the third party site, or any products promoted, offered or sold on the third party site, nor that such sites are free from computer viruses or anything else that has destructive properties. WHIRL cannot and does not take responsibility for the collection or use of personal data from any third party site. In addition, WHIRL will not accept responsibility for the accuracy of third party advertisements.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

18. Indemnification

You agree to defend, indemnify and hold harmless WHIRL, our subsidiaries and affiliated companies, and their officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to or/and use of the Site, the Services or the Content; (b) your violation of this Agreement, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any User. WHIRL may assume the exclusive defense and control of any matter for which you have agreed to indemnify WHIRL and you agree to assist and cooperate with WHIRL in the defense or settlement of any such matters.

19. English Language

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

20. International Use

We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, including laws regulating the export of data. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion. Accessing the Site is prohibited from territories where the Site’s Content is illegal.

You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by the Office of Foreign Assets Control (“OFAC”) or any other Governmental Entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.

21. Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

22. Modifications

We may occasionally modify the Terms of Use or the Privacy Policy. All changes will be effective upon posting on the Site. You can determine when the Terms of Use or the Privacy Policy were last revised by referring to the “Last Updated” legend at the top of the page. You agree to be bound by any such changes if you continue to use the Site after such changes have been posted. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time.

23. Right to Discontinue Services; Termination

WHIRL may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice, suspend or discontinue, temporarily or permanently, the Site, the and the Services (or any part thereof) and/or deactivate or cancel your WHIRL account or Project. You may also cancel your WHIRL account at any time by sending us an email at [email protected] Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR THE SERVICES. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

24. Copyright Notice Policy

WHIRL respects copyright law and expects its Users to do the same. Please see WHIRL’s Copyright Notice Policy for further information.

25. No Legal Advice

Nothing contained in this Agreement or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your attorney.

26. Notification Procedures

You agree that WHIRL may provide notifications to you via email, hard copy notice, or through posting on our Site.

27. Miscellaneous

  1. Reservation of Rights. We reserve all rights not expressly granted by this Agreement.
  2. Arbitration. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration Rules (the “Rules”), which Rules are deemed to be incorporated by reference into this clause. The parties hereby agree as follows. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the City of London. The language to be used in the arbitral proceedings shall be English. The governing law of the Agreement shall be the substantive law of England.
  3. Material Terms. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the Site.
  4. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.
  5. Assignment; Waiver. You may not transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
  6. Complete Agreement. This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by we, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.

28. Questions about Our Terms of Use

If you have any questions or concerns regarding this Agreement, you may contact us by e-mail at [email protected]