c. The Logo shall only be used in the specific color format depicted above. Alteration of the colors of the Logo is strictly prohibited without the express prior written consent of FundPhotos, LLC.
d. The graphical design of the Logo must not be altered in any manner.
e. The Logo and Word Marks, whenever and where ever in printed or used, must be distinguished from the surrounding text or other images. The applies to all forms of printed media including, without limitation, advertising copy, product packaging, brochures, manuals, internal memoranda, editorial, articles, correspondence, overhead projector slides and presentation materials, and to computer video screens. Methods of distinguishing the Word Marks include printing it in CAPITALS, italicized text, bold faced text, Initial Capital Letters or placing the Word Marks in “quotation marks.
f. The Word Marks should never be combined to form a new word.
g. The Logo and Word Marks must never be superimposed on other graphic, terms, or trademarks such that they interfere with the ability to clear identify and read the words with the Logo or Word Marks.
h. The first or most significant occurrence of the Word Marks and/or Logo should always be marked as appropriate and must place the required attribution as a footnote. The attribution should use the ® symbol for a registered Logo or Word Mark.
XIII. Entire Agreement
a. These Terms constitute the entire agreement between you and FundPhotos governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.
b. The failure of FundPhotos to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
c. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
FundPhotos® Terms of Service
Last Updated: Sept. 14, 2015
Welcome to FundPhotos…Let your photos do the fundraising! FundPhotos is an official affiliate of Shutterfly, Inc. FundPhotos, through our web site located at www.FundPhotos.com, provides access to Shutterfly, Inc. so that customers can purchase Shutterfly products and use Shutterfly services. FundPhotos receives a commission on each Shutterfly purchase which FundPhotos shares with participating charitable organizations (PCO) listed on the FundPhotos web site.
I. Use of the FundPhotos Site
c. Except as expressly authorized hereunder, the FundPhotos Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without FundPhotos prior written authorization.
II. Participating Charitable Organization
a. A Participating Charitable Organization (PCO) is any charitable organization that has been accepted as a PCO by FundPhotos and has met all of the following:
i. Completed and submitted the Request to Become a Participating Charitable Organization online form,
ii. Has supplied FundPhotos, if requested, with the required documentation validating their non-profit status (such documentation includes at least one of the following: copy of 501(c)(3), Form 990, non-profit determination letter, or other documentation of non-profit status),
iii. Has executed our Reward Share Agreement, and if required, submitted such contract to the state which the organization is registered (including any state fees, if required)
iv. Has been approved by FundPhotos as a Participating Charitable Organization. Participating Charitable Organizations are listed on the FundPhotos web site for FundPhotos Users to support them through contributions generated by the purchase of Shutterfly products.
b. A charitable organization is defined as
i. Charitable organizations that are registered as tax-exempt such as under 501(c)(3) of the U.S. Internal Revenue Code, in good standing.
ii. Schools and educational institutions, or organizations that support them (i.e. PTO, PTA, etc.)
iii. Churches and other religious organizations/faith communities
iv. Youth sports teams
v. Community groups that rely upon charitable donations for their existence
c. FundPhotos reserves the right to deny the listing of any charitable organization (including registered non-profit organizations) or community group on the FundPhotos site including organizations registered in states whose charitable regulations requirements are deemed too stringent or cost prohibitive by the FundPhotos team. Organizations or groups that are organized for the purpose of conducting illegal activity such as, but not limited to, terrorism, pornography, or the sale, promotion, or distribution of illegal drugs, weapons, material, or propaganda under United States law (notwithstanding your rights under the U.S. Constitution) may be denied as Participating Charitable Organizations by FundPhotos.
d. Notwithstanding II.c (above), FundPhotos, LLC is committed to providing high quality photo processing and merchandise and to assisting non-profit and community organizations meet their fundraising needs. We commit to doing this without regard to race, creed, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability. Furthermore, FundPhotos does not work with non-profits or community organizations that do not adhere to a non-discrimination policy that includes the above federally protected categories.
e. Reward Share Agreement.
i. All PCOs on FundPhotos must complete and sign the FundPhotos Reward Share Agreement which is provided to the potential PCO prior to being listed on the FundPhotos web site. Contact FundPhotos, LLC, 15 Natchez Trail, Medford Lakes, NJ 08055, for a copy of this Reward Share Agreement.
ii. Reward Share Agreement must be signed by two officers of the non-profit organization, or in the case of a community group (not a non-profit organization) signed by two individuals in a leadership role for the group.
f. After the FundPhotos Team has reviewed and approved your request, your organization has executed the Reward Share Agreement, and the appropriate paperwork has been submitted to the state to whom the organization is registered (if required), your organization’s information will be posted on the FundPhotos site.
g. NJ registered charities only.
i. All charitable organizations within the state of New Jersey wishing to become a PCO on FundPhotos must sign our Reward Share Agreement-NJ which meets the requirements of 45:17A-29 [Written contract from commercial co-venturer] of New Jersey’s Charitable Registration and Investigations Act.
ii. New Jersey non-profit organizations must, within 10 days, send their completed Affiliation Agreement along with a $30 fee to the State of New Jersey’s Office of Attorney General, Division of Consumer Affairs, Office of Consumer Protection, Charities Registration, 124 Halsey Str. 7th Floor, Newark, NJ 07102.
iii. The following are exempt from c(ii) above: tax-exempt churches & faith communities, schools, and non-profits with an annual revenue of less than $10,000.
iv. Non-profit organizations subject to New Jersey’s Charitable Registration and Investigation Act must comply with all applicable registration and reporting requirements subject to them. For more information, visit the New Jersey Office of Consumer Protection, Charities Registration Section web site at http://www.njconsumeraffairs.gov/ocp/charities.htm.
h. Active Participation for a PCO. Participating Charitable Organizations that have not received a donation from any FundPhotos User in 3 years (36 months) may be removed from the FundPhotos site. The organization will be notified of the inactivity associated with their PCO status on the FundPhotos site and their possible removal from the Site.
i. Contributions made to Participating Charitable Organizations
i. FundPhotos will pay out as per the FundPhotos Reward Share Agreement and these Terms of Service, monthly for Participating Charitable Organizations, the amount equal to 5% of the purchases made as communicated to FundPhotos by Shutterfly through Shutterfly’s Affiliate Team.
ii. Payment will be made in the form of a check to the registered FundPhotos PCO and sent via USPS to the address provided to FundPhotos by the PCO.
IV. FundPhotos does not provide tax deduction information to FundPhotos Users or Participation Charitable Organizations for the purpose of claiming tax deductions on personal or business tax returns for charitable donations.
V. FundPhotos takes no responsibility for the use or misuse of reward contributions by the PCO.
VII. Trademarks and Copyright
a. The entire FundPhotos website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2012 and 2015 to FundPhotos. The Service is protected by U.S. and international copyright laws and by other applicable laws and regulations. Users may not Process any Content owned by someone else without the written consent of the owner of such Content. User is solely responsible for any copyright violations that User may incur as a result of User activities on the Service.
b. All trademarks appearing herein are acknowledged. FundPhotos owns the following trademarks and logos: “FundPhotos”; FundPhotos’ frog logo; and “FundPhotos…Let your photos do the fundraising!” The trade names, trademarks and service marks owned by FundPhotos, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on FundPhotos should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.All trademarked image use must be in accordance with the FundPhotos Trademark Usage Guide in XII (below).
c. Participating Charitable Organizations will be provided with trademarked images and logos owned my FundPhotos for use by the Participating Charitable Organization in promoting FundPhotos products and services to their supporters and followers.
VIII. Policy of Idea Submission. Many of our customers are interested in submitting ideas and suggestions for products and services to be used at FundPhotos. We appreciate our customers’ interest in improving FundPhotos; however, please note that any such ideas or suggestions that you submit will be owned by FundPhotos, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to FundPhotos.
IX. Choice of Law. The state and federal courts of New Jersey are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of New Jersey.
X. Modification of Terms. FundPhotos may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by FundPhotos will be prospective only.
XI. Indemnity. You will indemnify, defend and hold harmless FundPhotos, including its officers, directors, employees, affiliates, licensors, suppliers, information providers, and agents (collectively “FundPhotos affiliates”) from and against all losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms or any activity related to the service (including negligent or wrongful conduct) by you or by any other person accessing the service as your invitee, such as by using your account.
XII. Trademark Usage Guide
a. The following terms are FundPhotos word-based trademarks (“Word Marks”):
ii. …Let Your Photos Do The Fundraising!
b. Displayed below is the FundPhotos current pictorial trademark (“Logo”):