Who is Black Kids Swim?
Black Kids Swim, Inc. is a 501(c)3 non profit business dedicated to increase Black participation in competitive swimming and to change Black people’s relationship with the water.
What is Crowdfunding?
Crowdfunding is an online crowdfunding method that brings Users together and allows Users to contribute to the Campaigns of others. Campaign Owners can offer Perks to Contributors (or Backers) in thanks for the Contributors’ donation of funds.
Backing a Campaign
As a Contributor, when you make a Contribution to a Campaign, you understand that the following rules and Terms apply (in addition to all other Terms, including Additional Policies).
A. Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
B. Black Kids Swim Does Not Guarantee that Campaigns Will Succeed or that Perks Will Be Delivered or Deemed Satisfactory. By contributing to a Campaign, Contributors are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its Perks, might not come to fruition. Black Kids Swim does not guarantee or represent that the Campaign will achieve its goals.
Black Kids Swim also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Perk or Contribution. The date to deliver a Perk is an estimate, and there is no guarantee that the Campaign Owner will fulfill and deliver the Perk by that date.
C. Limited Refunds. Black Kids Swim offers a limited refund to Contributors, only where the Campaign has ended, and the Contributor has not received a Perk in a reasonable timeframe as determined by Black Kids Swim.
D. Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information. Your credit card statement will read “Black Kids Swim”. All Contributions are tax deductible.
E. Communications Between Black Kids Swim and Contributors. Once you have made a Contribution to the Campaign, Black Kids Swim may need to contact you to obtain additional information such as shipping address, specific preferences for a Perk (for example, color or size of a t-shirt), or may ask for feedback on the Campaign or the Perk. In some instances, to receive the Perk, you may need to provide requested information within a specific time frame to receive the Perk, not doing so may result in your forfeiting the Perk. Black Kids Swim will not ask for information that is not required to fulfill a Perk, including personal information such as Social Security numbers or credit card/banking information. Please contact us if you receive a request for information that appears to be excessive.
F. Taxes are your responsibility. Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Perks for tax purposes. Black Kids Swim does not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.
Indemnity
You agree to defend, indemnify and hold harmless Black Kids Swim, Inc., Our subsidiaries and affiliated companies, and Our officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any applicable laws. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
Disclaimer of Liability
Use the Services at your own risk. We do not guarantee the fulfillment or the performance of any Perks.
You release us from all claims. When you use the Services, you release Black Kids Swim from claims, damages, and demands of every kind – known and unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or related to the Services. All Content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER BLACK KIDS SWIM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLACK KIDS SWIM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BLACK KIDS SWIM AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BLACK KIDS SWIM BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.