Terms and Conditions – v1revC – 04/03/2019
Welcome to Progressive
Progressive Acts provides a platform for emerging candidates and aspiring new leaders to gather the resources they need to start up their campaign and to mobilise volunteers. We are set up as an ASBL under Belgian Law as we are here to make political participation grounded on positive values as easy as possible.
We have tried hard to make our terms as easy as possible to understand. In case of doubts write to us at firstname.lastname@example.org
1 – Definitions
Progressive Acts. provides its platform to you through its website and mobile applications (the “Platform”) and related services (collectively, the Platform, including any new features and applications, the “Services”).
For purposes of the following Terms of Service:
- “Progressive Acts” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
- Candidates, prospective candidates, electoral committees or associations or legal representatives of Candidates shall be collectively referred to as ‘Candidates’.
- Candidates as well as a donor or volunteer shall be collectively referred to herein as a “Users”.
2 – Contractual obligations
If you are a Candidate located in any country where the Services are available, you are contracting with CrowdChange ASBL, headquartered in Brussels in Rue D’Espagne 18, for the use of the website and its related applications. Only Candidates enter in a contractual relationship with us.
Other users enter in a direct relationship with the Candidate himself/herself when donating, pledging or expressing their willingness to volunteer.
3 – Access and Use of the Services
3.1 – Services Description: The Services are offered as a platform to allow an individual (the “Candidate” or “prospective Candidate”) to post a fundraising and volunteering campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”) or volunteering availabilities (Volunteering) from volunteers (Volunteers).
3.2 – Age limitation: If you are under the age of majority in your jurisdiction (typically 18 or 19 years of age) years of age you are not authorized to use the Services, with or without registering.
3.3 – Transaction fees: Although there are no fees to set up a Campaign, transaction fees apply (hereinafter and on the website referred to as “Transaction Fees”) to the Services rendered to the Candidates. Our transaction fee is 3.5% while the credit card processing platform will charge a further variable fee depending on the country of registration of the credit card used for the transaction (1.4% for most European Credit Cards + € 0.25 flat fee).
At the end of each campaign, we will provide Candidates a Tax compliant receipt for the services rendered by the platform.
At the end of each campaign, we will provide Candidates a Tax compliant receipt for the services rendered.
3.4 – Peer to peer principle: The Services are a platform; We are not a Broker, Financial Institution, or Creditor. Progressive Acts provides a neutral place for all the Candidates to present their Campaign and for Donors to make donations or pledges to donate to these Candidates and Volunteers to express their interest to volunteer for them.
Progressive Acts is not the recipient of the donations, it does not distribute them. Our system is based on Stripe Connect applying Direct Charges, which means that candidates simply link their independent accounts to the platform and any donation takes place directly from the credit card of the donor to the account of the Candidate. Accordingly the candidate will interact directly with Stripe for any issue concerning money transfer including refusals, chargebacks, fraudulent activity etc..
For all purposes, including the purpose of campaign financing, donations made through Progressive Acts are direct donations from a donor to a candidate.
Any requests for a refund – if applicable – shall be directed solely to the Candidate concerned.
Donors also understand that all donations are final and non-revocable.
3.5 – Legal advice: All information and content provided by Progressive Acts relating to the Services is for informational purposes only, and Progressive Acts 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, Donations, Donors, Volunteers 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.
3.6 – Taxes: It is the user’s exclusive responsibility to determine what, if any, fiscal norm apply to the Donations performed through your use of the Services. It is the user’s sole responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
3.7 – Your information, your decision:
Progressive Acts has no control over the conduct of, or any information provided by, a Candidate or other user. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Candidate or political Party, and we make no guarantee, express or implied, that any information provided through the Platform by them accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor or Volunteer, must make the final determination as to the value and appropriateness of contributing to any Campaign or Candidate. Candidates need to indicate in their candidate page the final recipient of the donation in case the recipient is not the candidate himself or his or her legal mandatary.
But you can count on us: Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Candidate is not raising or using the funds for their stated purpose, please use the contact form to alert our team of this potential issue and we will investigate.
4 – Candidates
4.1 – Two type of candidate account are permitted to register on Progressive Acts: Candidates and prospective Candidates.
- Confirmed Candidates are those who are running for a local, regional, federal national, European or a primary election for a registered party and their name is on a list of candidates approved by the responsible authority. They are the sole ones allowed to receive donations.
- Prospective candidates are those who are not yet on a list of candidates. They are only allowed to receive ‘pledges of donation’. Such pledges of donation do not represent actual donations and do not give raise to any financial right vis-à-vis the Donor or the platform.
Both categories of candidates can receive volunteering availability from volunteers.
You, as a Candidate, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you undertake to respect the principles contained in ‘Values’; (iv) you will not infringe the rights of others; (v) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures; and (vi) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Progressive Acts and Progressive Acts reserves the right to, provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
4.2 – Receipts: It is the Candidates responsibility to provide receipts of the donations to the donors using the available tool on your Stripe account or any other tool you would deem appropriate
4.3 – Electoral norms: It is your exclusive responsibility as a candidate to fulfil obligations concerning the applicable campaigning and political financing law in your jurisdiction including whether the use of the Services is allowed or not in your country. Any facilitation to this end provided by Progressive Acts shall not be considered as intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Donations, Donors, Volunteers or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate.
4.4 – Decisions on donations and volunteering: Progressive Acts has been developed to allow Candidates to set certain parameters applicable to their donations (maximum donation allowed, geographical limitation). Notwithstanding that, you will retain full responsibility to accept or refuse the donations in accordance with applicable norms. In case you decide to refuse them you can do so directly from your Stripe account. We cannot do so on your behalf. The same applies to volunteering offers. Candidates will receive the volunteering availability expressed on their page and it is exclusively up to them to contact volunteers back
4.5 – Temporal limitation:
When setting up a campaign a Candidate shall set a time limit for his or her fundraising campaign. For Confirmed Candidates such time limit that shall never exceed the period where he or she is allowed to gather donations for his or her electoral campaign in accordance with applicable norms.
4.6 – Transparency: Beyond any obligation you may be subject to at national level at the end of every campaign on Progressive Acts you Confirmed Candidates need to inform your donors and volunteers of the main revenues and expenditures of your campaign using our form or any other form you would deem fit. Any form shall in any case include as a minimum the informations contained in our sample form. The form shall be uploaded on your page at the end of your candidature.
5 – Donors and Volunteers
5.1 – Donations: In order to contribute to a Campaign, a Donor will be required to provide information regarding personal data, credit card or other payment instrument (“Payment Instrument”). You, as a Donor, represent and warrant to Progressive Acts and to the Candidate concerned that such information is true and that you are the owner of the applicable Payment Instrument. You agree that a certain maximum Donation amount may apply, and that all Donation payments are final and will not be refunded. You as a Donor understand that limitations may apply to the possibility to donate to certain candidates in accordance with national legislation (i.e. if foreign donations are forbidden in a certain country). Therefore you agree not to mask your identity or use services masking your location for the purpose of circumventing applicable norms. Progressive Acts uses third-party payment processing partners to bill you through your Payment Instrument for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently: Stripe, Inc).
As you are donating to the Candidate directly therefore candidates are solely responsible to provide you with an official receipt for your donation. The confirmation you will receive from the platform for your donation is not an official receipt.
5.2 – Legal entities: Progressive Acts allows exclusively individual physical persons above the age of 18 to make donations. Legal entities are strictly forbidden to make donations through the Platform. If a legal entity of any kind would impersonate a physical person for the purpose of donating we reserve the right of legal action and we would report the person and the entity concerned to the responsible authority.
5.3 – Pledges of donation: Prospective Candidates are not allowed on the platform to receive actual donations but only pledges of donations. Such pledges are revocable promises to make financial contributions. The Candidate will record the pledged amount and personal information concerning the potential donor who will be contacted by the Candidate if and only if the Prospective Candidate will become a Candidate. In this case the potential donors will be asked to eventually confirm at their sole discretion the pledge they made. Pledges of donation do not represent actual donations and do not give raise to any financial right vis-à-vis the Donor or Progressive Acts.
5.4 – Volunteering: Volunteers are individual physical persons who agree to submit their contact details for the purpose of volunteering for a Candidate. Progressive Acts will not organise their volunteering and will only transmit the information to the candidate concerned who will be contacting them back.
6 – Prohibited Conduct
6.5 – Content: Candidates are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content”) that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”) via the Services. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
6.7 – What we really do not like: The following are examples of Content and/or use that is illegal or prohibited by Progressive Acts. This list is not exhaustive and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms or spirit of these Terms of Service and in particular the ‘Values’ section of the website. We further reserve without limitation, the right to remove the offending Content, suspend or terminate the account of such violators, stop payments to any such Campaign, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. Without limiting the foregoing, you agree not to use the Services to:
- raise funds, volunteer or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
- violating any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
- any election campaigns that are not run by a registered organization within the supported country;
- content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, or legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
- campaigns we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to economic sanctions under applicable European law, unless such activities are expressly authorized by the appropriate governmental authority;
- funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the sale of items before the seller has control or possession of the item;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
- publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
- sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
- aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- unauthorized sale or resale of brand name or designer products or services;
- sale of goods or services that are illegally imported or exported;
- processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a Campaign description;
- any other activity that Progressive acts may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any other activity that Progressive Acts may deem in its sole discretion to be unacceptable.
- transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Progressive Acts is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Progressive Acts or its users to any harm or liability of any type; or
- interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
- raise funds for a minor or by a minor.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
- not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
- not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists;
- to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Progressive Acts from time to time.
- to maintain a copy of all electronic and other records related to Campaigns Volunteering and Donations as necessary for Progressive Acts to verify compliance with these Terms of Service and make such records available to Progressive Acts upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
- at Progressive Acts’ request, including without limitation in case of investigations by Progressive Acts, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
7 – Consequences
7.1 – Suspensions and terminations: Progressive Acts reserves the right to refuse, condition, or suspend any transaction on our platform that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or Progressive Acts, or that expose you, Progressive Acts, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
7.2 – Account Holds: If we have reason to believe that a Campaign or Candidate has violated these Terms of Service or our Values Progressive Acts may (in our sole discretion) place a hold on a Campaign account (a “Hold”). If you have questions about a Hold we may have placed on your Candidate or Campaign account, or need information about how to resolve the Hold, please contact us at email@example.com
8 – Accounts and registration
8.2 – Payment processing: Progressive Acts does not process payments. To do so we rely on Stripe.Inc, a widely used payment gateway. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors).
If Progressive Acts or one of the payments processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party payment processors are integral to the Services and that we may exchange information with such third parties in order to facilitate the provision of Services.
8.3 – Member Account, Password and Security: You can sign in with your email address. 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 Progressive Acts 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. Progressive Acts will not be liable for any loss or damage arising from your failure to comply with this Section.
9 – Mobile Services
The Services include certain features that may be made available via a mobile device, including the ability to (i) upload content to the Platform, (ii) browse the 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.
10 – Intellectual Property Rights
10.1 – 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 Progressive Acts, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) 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, robots, scraping or similar data gathering or extraction methods. If you are blocked by Progressive Acts from accessing the Services or parts of them (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 Progressive Acts, 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 Progressive Acts.
10.2 – Third-Party Material: Under no circumstances will Progressive Acts be liable in any way for any content or materials of any third parties (including users and Candidates) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Progressive Acts does not pre-screen content, but that Progressive Acts and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any 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.
10.3 – User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “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 Progressive Acts 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 Progressive Acts 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 Progressive Acts 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 Progressive Acts exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
10.4 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.
10.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Progressive Acts are non-confidential and Progressive Acts will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Progressive Acts may preserve content and may also disclose 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 content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Progressive Acts, its users or the public.
10.6 Copyright Complaints: Progressive Acts 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 Progressive Acts of your infringement claim in accordance with the procedure set forth below.
Progressive Acts will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to firstname.lastname@example.org
11 – Miscellanea
11.1 – 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”). Progressive Acts 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 Progressive Acts is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that Progressive Acts 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 Progressive Acts 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 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, and you agree that Progressive Acts is not liable for any loss or claim that you may have against any such third party.
11.2 – Modifications to the Terms of Service
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.
11.3 – Indemnity and Release
You agree to release, indemnify on demand and hold Progresive Acts 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 Donation 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 Progresisve Acts has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Progressive Acts for the costs of its defense (including, but not limited to attorney’s fees.).
Modifications to Services: Progressive Acts 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.
11.4 – 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. PROGRESSIVE ACTS 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.
PROGRESSIVE ACTS 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.
11.5 – Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PROGRESSIVE ACTS 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 PROGRESSIVE ACTS 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 PROGRESSIVE ACT’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 PROGRESSIVE ACTS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EURO.
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.
12 – Disputes
12.1 – Mediation Clause
If a dispute, controversy or claim arises out of or relates to this contract, or the breach, termination or validity thereof, and if either party decides that the dispute cannot be settled through direct discussions, you agree to endeavour to settle the dispute in an amicable manner (the “Mediation”) by a sole informal arbitrator (the “Mediator”) appointed by the independent Guarantee Board established by Progressive Acts. The Mediator shall be appointed by a written filing in which you must clearly states your claims (the “Filing for the mediation”). Progressive Acts accepts to be bound by the Mediator decision, while you, if you are not satisfied by the Mediator decisions or if the dispute has not been settled by the Mediator within  days following the Filing for the mediation, will be able to have the dispute settled as follows.
Confidentiality. We each agree to keep the Mediation 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.
12.2 – User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Progressive Acts will have no liability or responsibility with respect thereto. Progressive Acts reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
13 – General and final provisions
These Terms of Service constitute the entire agreement between you and Progressive Acts and govern your use of the Services, superseding any prior agreements between you and Progressive Acts with respect to the Services. You also may be subject to additional terms and conditions 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 Italian Laws without regard to its conflict of law provisions. With respect to any disputes or claims not resolved by the Mediator, as set forth above, you and Progressive Acts agree to submit to the personal and exclusive jurisdiction of the Tribunal of the city Rome. Failure of Progressive Acts 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 Progressive Acts, but Progressive Acts 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 Platform.
You agree that the English version of these Terms and Conditions of Service is the only one to be considered valid. Any translated version shall be deemed for information purposes only.
Unless otherwise indicated any communication notification related to our terms and conditions shall be sent to: email@example.com