Terms of Service
Agreement between user and twoblindbrothers.com
Welcome to twoblindbrothers.com. The twoblindbrothers.com website (the "Site") is comprised of various web pages operated by Two Blind Brothers LLC ("TBB"). twoblindbrothers.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of twoblindbrothers.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
twoblindbrothers.com is a E-commerce Site. The purpose of TBB website is to sell products online. These products include apparel including clothing and accessory items.
Visiting twoblindbrothers.com or sending emails to TBB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
TBB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use twoblindbrothers.com only with permission of a parent or guardian.
You may return your purchase within 45 days of the order date for a refund. Please allow 10 days for processing the return. For further information on returns and exchanges please view TBB’s Return Policy.
Links to third party sites/Third party services
twoblindbrothers.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TBB and TBB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TBB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TBB of the site or any association with its operators.
Certain services made available via twoblindbrothers.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the twoblindbrothers.com domain, you hereby acknowledge and consent that TBB may share such information and data with any third party with whom TBB has a contractual relationship to provide the requested product, service or functionality on behalf of twoblindbrothers.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TBB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TBB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TBB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TBB or our licensors except as expressly authorized by these Terms.
The Site is controlled, operated and administered by TBB from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TBB Content accessed through twoblindbrothers.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless TBB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TBB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TBB in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TWO BLIND BROTHERS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TWO BLIND BROTHERS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TWO BLIND BROTHERS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TBB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TBB as a result of this agreement or use of the Site. TBB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TBB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TBB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TBB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TBB with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
TBB reserves the right, in its sole discretion, to change the Terms under which twoblindbrothers.com is offered. The most current version of the Terms will supersede all previous versions. TBB encourages you to periodically review the Terms to stay informed of our updates.
TBB welcomes your questions or comments regarding the Terms:
Two Blind Brothers LLC
21 Mercer Street
New York, New York 10013
Telephone number: (917) 722-6284
The following are terms and conditions added as of July 25th, 2020 and apply broadly to twoblindbrothers.com including the August 20th, 2020 virtual event registration.
In the event any provision above comes into conflict with the following language ("Two Blind Brothers Terms of Service as of July 2020") , this following language shall prevail.
Two Blind Brothers Terms of Service as of July 2020
Date added: July 25th, 2020
Subject to these Terms of Service, as amended from time to time (“Terms of Service”), Two Blind Brothers, LLC. provides (a) the Two Blind Brothers platform to you through its website at www.twoblindbrothers.com and attendant mobile applications (the "Two Blind Brothers Platform") and related services (collectively, the Two Blind Brothers Platform, including any new features and applications, the "Two Blind Brothers Services"). If you are a campaign organizer (as defined below), beneficiary to a campaign, comment contributor, or contributor (collectively referred to herein as a “User”) located in the United States, you are contracting with Two Blind Brothers, LLC., 21 Mercer Street, #4, New York NY 10013. Unless specifically indicated otherwise, for purposes of the following Terms of Service, “Two Blind Brothers,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE Two Blind Brothers SERVICES OR GFM CHARITY SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
ACCESS AND USE OF THE SERVICES
Two Blind Brothers Services Description: The Two Blind Brothers Services are offered as a platform to allow an individual to make a voluntary contribution to Two Blind Brothers, LLC and other beneficiaries as described such as the Foundation Fighting Blindness.
Payment Processor: Two Blind Brothers is not a payment processor and does not hold any funds. Instead, Two Blind Brothers uses third-party payment processing partners to process contributions for a Campaign (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.
The Services are platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. Two Blind Brothers facilitates and permits contributors to make contributions. Two Blind Brothers is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by Two Blind Brothers relating to the Services is for informational purposes only, and Two Blind Brothers does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, contributions, contributors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
Two Blind Brothers has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of contributions or any contributions at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a contributor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign, or event.
No Solicitation: Two Blind Brothers merely provides the technology to connect with contributors. By using the Services, you understand and agree that Two Blind Brothers shall not be responsible for the use of your contributions or the amount of funds raised for the User, Campaign, or event.
- To the extent that a Contribution is made in response to an appeal for a particular program of a Charity or Event Organizer, or to the extent that a contributor purports to direct the use of contributions by a Charity or Event Organizer, any such directions shall constitute non-binding recommendations only and the Charity or Event Organizer shall have full discretion to determine how all contributions will be used.
- Two Blind Brothers makes no representation as to whether all or any portion of your contributions, including, if any, Payment Processor Fees, are tax deductible or eligible for tax credits. Two Blind Brothers will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Contribution by you, any User or any Charity. You should consult your tax advisor as to the amount of your Contribution that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Contribution in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Contribution.
- For the event dated August 20th, 2020 called "Music To Our Eyes, contributions are not tax deductible and are a contribution to Two Blind Brothers. Two Blind Brothers will make reasonable efforts to use these contributions for the promotion and execution of the "Music To Our Eyes" event with net proceeds donated to Foundation Fighting Blindness. Two Blind Brothers LLC is not a 501c3 non-profit organization, and may otherwise use these contributions in its sole discretion. Any gift, "secret gift", or other consideration provided to Users or Contributors in connection to the event by Two Blind Brothers is at Two Blind Brothers sole discretion. Two Blind Brothers does not make any representations as to the value, timing, or usability of such gift. Contributions, gifts, or other consideration related to this event are not eligible for refunds.
Ownership of contributor Lists and Data
- Two Blind Brothers has the ability to use User and Contributor data for business purposes and maintains the right to share such data with affiliated entities as it deems reasonably appropriate including but not limited to the Foundation Fighting Blindness.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Two Blind Brothers of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. Two Blind Brothers will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: Two Blind Brothers reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Content Manifestly Made Public by the User.
Public Content; Public Display of Information and contributions: Some of your activity on and through the Services is public, such as content you post publicly on the Platforms (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients) (“User Content”). Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. Services.
Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree that Two Blind Brothers will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the extent necessary, you hereby grant to Two Blind Brothers a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against Two Blind Brothers and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services.
You acknowledge and agree that Two Blind Brothers may preserve Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Two Blind Brothers, its users or the public.
Promotions on the Two Blind Brothers Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a "Promotion") on or through the Two Blind Brothers Services.
Events: Events promoted, sponsored, or described through Two Blind Brothers shall be the sole responsibility of the Event Organizer. Two Blind Brothers does not have responsibility for the success or execution of an Event. You agree that Two Blind Brothers has sponsored, promoted, advertised, or helped facilitate.
Data Retention: You acknowledge that Two Blind Brothers has no obligation to you to retain data relating to any account or Campaign. You acknowledge that Two Blind Brothers reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Campaigns or accounts started by Charities on either Platform, in which case Two Blind Brothers will provide reasonable notice where possible.
Mobile Two Blind Brothers Services: The Two Blind Brothers Services include certain features that may be made available via a mobile device, including the ability to (i) upload User Content to the Two Blind Brothers Platform, (ii) browse the Two Blind Brothers Platform and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access Mobile Services, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Two Blind Brothers account information to ensure that your messages are not sent to the person that acquires your old number.
Contributions: In order to contribute to a Campaign or to a Charity, a contributor will be required to provide Two Blind Brothers information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the contributor’s account on the Services (a “Billing Account”). You, as a contributor, represent and warrant to Two Blind Brothers that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Contribution amount may apply, and that all contributions are final and will not be refunded unless Two Blind Brothers, in its sole discretion, agrees to issue a refund, for example in accordance with the Two Blind Brothers Guarantee. Two Blind Brothers uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any contributions made, and contributors acknowledge that by contributing a Contribution to a Campaign, the contributor agrees to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all applicable terms set forth by our payment partners.
Recurring contributions: contributors may have the option to contribute recurring period contributions (your agreement to make the contributions on a recurring basis, a “Contribution Subscription” and each individual Contribution made in connection with a Contribution Subscription, a “Contribution Installment”), and in electing to contribute on a recurring basis, you, as a contributor hereby acknowledge that Contribution Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Contribution Subscription, which can be done through the Platforms, any Contribution Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Contribution Subscriptions, you (i) hereby authorize Two Blind Brothers to bill your Payment Instrument in the amount of the applicable Contribution Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Contribution Subscription, (ii) accept responsibility for payment of all Contribution Installments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date). Changes to or termination of Contribution Subscriptions or Contribution Installments will apply only to Contribution Installments that take place after Two Blind Brothers receives notice of such change or termination. Two Blind Brothers does not provide refunds of any amounts received in connection with previously made Contribution Installments. Additionally, by enrolling in any Contribution Subscriptions, you acknowledge and agree for any and all such Contribution Subscriptions, that (a) the ongoing maintenance and operation of Contribution Subscriptions and each Contribution Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Contribution Subscription (e.g., the applicable Campaign Organizer or Charity), (b) individual Contribution Installments may not be tax deductible, even if previous Contribution Installments for the same Contribution Subscription were, and the amount of each Contribution Installment that is tax deductible may vary, (c) one or more specific Contribution Installment may not be provided to or received by the applicable cause, charity or Campaign if such cause, charity or Campaign becomes unavailable, unable to accept contributions, or chooses to stop receiving contributions, which may occur for various reasons, such as if the cause, charity or Campaign becomes subject to an investigation or is suspended or removed from the Services by Two Blind Brothers or (d) the amounts actually received by the applicable Campaign, Charity or cause may differ from one Contribution Installment to the next (for example, if the Payment Processer fees associated with the Contribution Installment change).
Your non-termination of a Contribution Subscription reaffirms that Two Blind Brothers is authorized to charge your Payment Instrument for the Contribution Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.
Campaign Organizers, Beneficiaries or Charities
Account Holds: From time to time, Two Blind Brothers may, in its sole discretion, place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but aren’t necessarily limited to, the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by Two Blind Brothers in its sole discretion) should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms of Service, (iv) if Two Blind Brothers determines that the Campaign Organizer is colluding with contributors to engage in fraudulent activity, (v) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent Contribution activity, or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Two Blind Brothers, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by Two Blind Brothers from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Two Blind Brothers, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Two Blind Brothers.
The Two Blind Brothers name and logos are trademarks and service marks of Two Blind Brothers (collectively the "Two Blind Brothers Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Two Blind Brothers. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Two Blind Brothers Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Two Blind Brothers Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Two Blind Brothers be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that Two Blind Brothers does not pre-screen User Content, but that Two Blind Brothers and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant Two Blind Brothers and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Two Blind Brothers and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Two Blind Brothers in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Two Blind Brothers's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, Two Blind Brothers is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Copyright Complaints: Two Blind Brothers respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Two Blind Brothers of your infringement claim in accordance with the procedure set forth below.
THIRD PARTY WEBSITES/SERVICES
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). Two Blind Brothers has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and Two Blind Brothers is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that Two Blind Brothers is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that Two Blind Brothers will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. As an example of this, if you use the Two Blind Brothers Platform through your mobile device, and you upload a video to a fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that Two Blind Brothers is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold Two Blind Brothers and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Contribution or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that Two Blind Brothers has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Two Blind Brothers for the costs of its defense (including, but not limited to attorney’s fees.) If you are a New York resident, you waive New York Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Two Blind Brothers AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TWO BLIND BROTHERS AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Two Blind Brothers NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF TWO BLIND BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Two Blind Brothers'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Two Blind Brothers IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
The Process. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Two Blind Brothers, LLC., ℅ Legal Department, 21 Mercer Street, #4, New York, NY 10013. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.
Fees. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in New York, NY, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.
Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
You agree that Two Blind Brothers, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Two Blind Brothers will have no liability or responsibility with respect thereto. Two Blind Brothers reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and Two Blind Brothers and govern your use of the Services, superseding any prior agreements between you and Two Blind Brothers with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Two Blind Brothers agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York City. The failure of Two Blind Brothers to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) 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 of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Two Blind Brothers, but Two Blind Brothers may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. Two Blind Brothers may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent Two Blind Brothers from complying with the law. Two Blind Brothers shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.