General Terms of Use
The present General Terms are intended to regulate the relations between Ray Artists Agency, registered in the Commercial Register with the Registry Agency of the Estonia with UIC: 16900823, with registered seat and address of management: European Union, Harjumaa, Tallinn linn, Liikuri tn 8a-106, 13618, designated for carrying out activities in public interest, hereinafter referred to as "RARdream","The Foundation","we","us", and the Users, hereinafter referred to as"Campaign Creators","Donors","You", with respect to the opportunities to use our Platform created for sharing and collecting donations.
Contents

1. DEFINITIONS
2. SUMMARISED INFORMATION
3. TERMS OF USE OF THE PLATFORM
4. INTELLECTUAL PROPERTY
5. LIABILITY. DISCLAIMERS AND LIMITATION OF LIABILITY
6. COOKIES
7. PERSONAL DATA PROTECTION
8. APPLICABLE LAW AND JURISDICTION
9. GENERAL PROVISIONS

1. DEFINITIONS
Beneficiary – an individual, organization, group of persons, animals, project, for the benefit of which/for the implementation of which a Campaign has been created and which is the final recipient of the donated funds. For the purposes of these Terms, the Beneficiary is also the person entitled to dispose with the funds donated under the Campaign (e.g. parent/guardian/heir /organizer).
Cookies - A text file that is stored on your computer or mobile device from the website server, where the server can then restore or read the contents of the respective cookie. Cookies help optimize and provide full and quality use of the Website's features by keeping your settings so you do not have to re-enter them every time you visit a new page.
Donor - any Bulgarian or foreign natural person or entity who makes a donation to a Campaign, regardless of the value of the donation.
Campaign - a project or a cause created through the Platform in order to raise donations for charity purposes.
Payment Operator - the legal entity that provides payments through the Platform.
Platform - the website www.RARdream.com and its communication interfaces, databases and functional modules, mobile applications.
User - any Bulgarian or foreign individual who uses the Website, creates a Campaign, makes a Campaign donation.
Agreement, Terms - these General Terms of Use, including the Privacy Policy and the Cookie Policy, which are an integral part of the Terms.
Campaign Creator - any Bulgarian or foreign person who creates a Campaign through the Platform. The Creator has access to all features and tools of the Campaign.
Website - a collection of linked webpages, photos, video content, texts and/or other digital resources that are available under a common unified URL (URL) on an IP-based network. For the purposes of these Terms, our website www.RARdream.com will be referred to as the Website.
Hyperlink - an electronic link from one webpage to 1) other webpages on the same website or 2) webpages from another website. More specifically, a hyperlink is the link between one page of a hypertext document to another.
2. SUMMARISED INFORMATION
RARdream is an easy-to-use platform for raising donations and sharing experiences among people. Our team tries to provide Users with the opportunity to share knowledge, tell stories, seek help and empathy, raise donations for different purposes and causes. We provide an online platform for organizing and publishing charity causes by creating a Campaign in the Platform.
Users have the right to use the Platform with or without registration, however, in order to use some of the Website functionalities (e.g. to create a Campaign), Users shall have a registration.
When using the Platform, Users generate content for which RARdream is not responsible in any way whatsoever, including in terms of its accuracy and credibility, as well as the presence, respectively the violation of third party rights.
Any false and/or misleading information about the User, the Beneficiary or a particular Campaign, as well as any actions inconsistent with these Terms, may result in limitation or revocation of the person's rights to access the Platform and its functionalities.
We will make all reasonable efforts and will use our abilities to deliver the Platform's functionalities and maintain a safe, secure and free of problems environment, but we cannot guarantee that the Platform will always function without interference, delays or shortcomings. In the event that the Platform is not available at any given time, RARdream team will promptly start work on resolving the problem and will make every reasonable effort to restore access to the Platform as soon as possible. RARdream shall not be liable for any property and/or non-property damages resulting from terminated and/or discontinued access of a User or Beneficiary to the Platform, as well as for any other damages incurred in connection with the use of the functionalities provided by us.
We provide and you use the Platform in accordance with the parameters posted on the Website and these Terms.
Notwithstanding the above summarized information, the specific legal relationships between Users, Beneficiaries and RARdream are governed by the provisions of these Terms in their entirety, which you should become familiar with.
RARdream IS NOT A PAYMENT INSTITUTION, DOES NOT OFFER PAYMENT SERVICES AND DOES NOT CARRY OUT PAYMENT TRANSACTIONS, NOR DOES IT PROVIDE SERVICES FOR WHICH A LICENCE IS REQUIRED FROM A GOVERNMENT AUTHORITY. RARdream MAKES AND ACCEPTS DONATIONS IN A NON-COMMERCIAL MANNER WITHIN THE FRAMEWORK OF CHARITABLE ACTIVITIES. ALL DONATIONS RECEIVED ARE MADE IN FAVOUR OF RARdream AND ARE COLLECTED IN THE FOUNDATION'S BANK ACCOUNT. RARdream ALLOCATES THE FUNDS FROM DONATIONS TO THE CAMPAIGNS AVAILABLE ON THE PLATFORM AND/OR TO OTHER CAUSES IN ACCORDANCE WITH THE FOUNDATION'S ACTIVITIES AND OBJECTIVES. BY ACCEPTING THESE TERMS AND CONDITIONS, DONORS AGREE THAT, ONCE THEY HAVE MADE A DONATION, THEY MAY NOT REQUEST A REFUND OF THEIR DONATION.
3. TERMS OF USE OF THE PLATFORM
3.1. Registration and use of the Platform:
You can use the Platform if you are over 14 years old. In order to create a Campaign, you need to be at least 18 years old. We have the right to request from you a document or other proof of your age, and we may discontinue your access to the Platform's functionalities until such proof is provided by you.
You can use the Platform with or without registration. The access to the Platform’s functionalities for persons without registration includes a variety of options, including searching for Campaigns, Users, supporting Campaigns and contacting RARdream team by sending a message.
You can register on the Platform by entering an e-mail, user name and password. The data you need to provide when registering are your age and gender. The platform is fully integrated with Facebook and can be used through registration of the respective User through their Facebook profile, as well.
You are solely responsible for the activity on your account and keeping your password confidential. If you find out about unauthorized use of your account, you should immediately notify us at team@RARdream.com.
As a condition for using the Platform, you undertake to:

• use the Platform solely for purposes permitted by these Terms and by the applicable legislation, regulations or generally accepted practices;
• use the Platform in a way that does not place it in jeopardy by damage, breakage, system and network overload, and without taking any actions that violate ours or others legitimate rights;
• use the Platform in accordance with the terms of use of the online payment system if you have chosen this payment method (e.g. PayPal terms of use are available at https://www.paypal.com/us/webapps/mpp/ua/Useragreement-full);
• use the platform in accordance with the terms of use of Facebook, available at https://www.facebook.com/legal/terms, if you sign up on the Platform through your Facebook profile.

Access to the Platform from countries where its content is illegal is prohibited. You are responsible for complying with any laws applicable to the use of the Platform in the territory you have accessed it from. By accepting these Terms, you agree to comply with all applicable e-commerce and donation laws as well as those with regard to personal data transfer from the EU to third countries or to the country of your residence.
It is important for us to provide working options and we will take into account your requests with regard to the maintenance of the Platform within a reasonable time if we consider them to be righteous. However, we cannot guarantee accuracy, completeness and a specific deadline for responding to and addressing your maintenance requests. Maintenance will only be provided on business days within our standard business hours.
We are entitled to provide the Platform through a new or modified version of the software. RARdream has no obligation to maintain, modify or add specific functionalities to the Platform or the software which is used to make it accessible and usable for you.
In order to perform preventive or necessary maintenance, we may temporarily suspend, in whole or in part, the access to the Platform.
Nothing in these Terms may be interpreted in such a way as to conclude or otherwise imply that the User is entitled to receive, change, modify or borrow the program code of the software and the Platform.
RARdream provides the Platform to the Users "as is" without any direct or indirect warranty of any kind.
RARdream reserves the right to refuse access and opportunity to use the Platform without being obliged to state reasons by notifying you of this at the email address you provided when registering on the Platform.
3.2. Restrictions on Platform use:
Our goal is to provide you with an environment where you feel safe enough to create and support charity Campaigns. That is why we need your cooperation in maintaining and developing the Platform as a place which ensures the lawful accepting and making of donations. Therefore, by accepting these Terms, you undertake not to use the Platform for:
Offering, selling and distributing:

• controlled substances (including steroids, drugs, tobacco products, medicines, etc.), medical products or services that pose a risk to the safety of Users;
• offensive, threatening, obscene, encouraging hatred or pornographic content, sexually-orientated materials or services;
• stocks, bonds or other securities, real estates, insurance, banking or financial services;
• weapons, munitions, firearms, knives, accessories that require a permit for use;
• items creating danger of causing body injury, death, damage or destruction of property;
• items infringing others intellectual property rights, privacy rights or unlawful disclosure of confidential information and personal data.

Participation, encouragement, support, facilitation, engagement in activities which contradict the laws of the Republic of Bulgaria, applicable foreign laws and accepted principles of morality, or we find these activities to involve or result in:

• the infringement of others intellectual property rights and/or the right to privacy or the unlawful disclosure or use of confidential information;
• the promotion of terrorism, violence, defamation, hatred, body injury, property damage, violence, racial intolerance or financial exploitation;
• causing a risk of or actual body injury, property or non-property damages;
• defamation;
• gambling, including betting, lottery, "pyramid" or similar scheme, as well as other games of chance;
• unauthorized self-advertisement;
• using widgets on the site with content that is in conflict or in violation of these Terms;
• collection of personal data of other persons (including email addresses or other personal information) without their consent;
• taking action that imposes, or may impose, an unreasonable or disproportionate burden on the infrastructure or may have destructive effects;
• uploading, publishing, using computer viruses, Trojans, or other malicious programs and systems that impede or are capable to impede the normal operation of computer systems and/or which may render RARdream unsafe to the User;
• sending ‘spam’ or using an automated system through which you have access to the Platform in a way that sends more messages to RARdream servers than a person can produce in the same time period using a conventional web browser;
• attempting to interfere or compromise the integrity of the system or security, or decipher the transmissions to or from the servers, or otherwise threaten the Platform's work by disabling access to it;
• impersonating another person or fraudulent association with a person or organization, including concealment of identity;
• sharing false or misleading posts - including false or misleading information in the Campaign, account, as well as in comments (e.g. by misrepresenting the Campaign description or the purpose of the Campaign).

By accepting these Terms, you agree that we act only as a passive channel for online publishing and distributing the content you generate, and we are under no obligation to monitor this content, nor are we responsible for its accuracy and credibility or for any disputes arisen between Users. You are responsible for the information and materials you provide on the Website and for their protection against malicious and illegal activities.
Notwithstanding the foregoing, you acknowledge and agree that RARdream, at its sole discretion, has the right:

• to verify you and your data as a Platform User;
• to edit the content you provide and its format when creating and describing a Campaign in order to provide more accessible, acceptable and comprehensible content to the Users;
• permanently or temporarily terminate, suspend or otherwise refuse to grant access to the Platform or to remove any Campaign, post or other content, and to block any natural person or entity in the event of any breach suspicion of these Terms.

The above lists are not exhaustive and RARdream reserves the right to investigate any person and to restrict or suspend temporarily or permanently their access to the Platform in the event of any breach suspicion of these Terms. RARdream reserves the right to remove any content that is inconsistent with the law, moral and accepted principles of morality and which may be deemed offensive or misleading by blocking or deleting the profile of the person who generated such content and suspending accepting and making donations for the Campaign organized by them.
If a Campaign is found to have been created through misuse and use of false data regarding its objectives and/or Beneficiary or that the donated funds are being spent for purposes different than the stated in the Campaign, the Platform is entitled to terminate that Campaign and redirect the donated funds to another active Campaign(s) or to causes consistent with the activities and objectives of the Foundation.
Misuse exists in cases where:

• the funds received from persons in need are spent for purposes that are not related to the Campaign and/or contradict these Terms;
• the description of the Campaign is misleading;
• the Creator or the Beneficiary of the Campaign is charged with a crime that casts doubt on the authenticity of the information published in the Campaign.

RARdream reserves the right to claim reimbursement of the amounts it has returned from the persons whose actions have led to misuse, which resulted in the return of the donated funds.
You agree that we may perform the above mentioned actions without prior notice to you and without the need to consult third parties, and we shall not be liable for any damages that may arise as a result of this. Until eventual termination of the relationship between you and RARdream, you remain bound by these Terms and you are obliged to comply with the rules governing the lawful use of the Platform.
3.3. Creating a Campaign and membership in the Trust & Safety Club:
In order to create a Campaign you must be registered on the Website and be at least 18 years old. Creating and maintaining Campaigns active is completely free.
Each Campaign should indicate the amount to be collected, a description of the cause and recipient of the donated funds. A Campaign can be created both for raising donations in favour of the Campaign Creator and for raising donations in favour of a third party (Beneficiary). The existence of Campaigns is not restricted by time periods.
When creating a Campaign, you are obliged to provide authentic and accurate data about its purposes and Beneficiary. As a Campaign Creator, you declare and warrant that the information you provide is accurate, complete, credible and not misleading to the Users, and that any donations made under the Campaign you have created will be spent solely for the purposes specified therein (in cases where the Creator of the Campaign is also the Beneficiary).
As a Campaign Creator, you are responsible for responding to User inquiries addressed to you, keeping up-to-date information about the Campaign and informing Donors in a timely manner in case of a change in the circumstances under which the Campaign has been created, as well as for complying with the applicable legislative framework and these Terms when using the Platform and raising donations.
As a Campaign Creator you have the option to choose whether to include your Campaign in RARdream Trust & Safety Club. The inclusion of the Campaign in RARdream Trust & Safety Club is voluntary and requires from the Campaign Creator to raise donations solely through RARdream in order to ensure full accountability and maximum transparency in determining the amount of the donations needed, their raising by the Donors and spending by the Campaign Creators. The inclusion of the Campaign in RARdream Trust & Safety Club provides the Creator access to a number of free services provided by RARdream and related to the conduct and promotion of the Campaign, such as professional fundraising coach, inclusion of the Campaign in an internal newsletter, better positioning and Campaign specific labeling, etc. If RARdream finds а breach of the RARdream Тrust & Safety Club membership terms, i.e. raising donations for the respective Campaign through other means, including without being limited to public announcements, publications, use of other platforms, etc., RARdream has the right to terminate the Campaign’s membership in RARdream Тrust & Safety Club and to cease the provision of the respective free services in this regard, while the Campaign entirely loses its right to be further included in RARdream Тrust & Safety Club. In this case the parties agree that up to 5% of the donations made in favour of the Campaign within the membership are considered to be made exclusively in favour of RARdream. The non-agreement and unwillingness of the Creator to include the Campaign in RARdream Тrust & Safety Club does not limit the possibility to create and conduct a Campaign in accordance with these Terms.
3.4. Campaign approval:
In view of our goals and our drive to maintain the Platform a safe and secure place which provides a variety of ways to raise charity funds, each newly-created Campaign passes the approval of our team. This is because of RARdream’s role in providing a Platform for sharing information and accepting and making donations to Campaigns, as well as in view of donor safety ensurance and accountability tracking.
Campaigns which have received RARdream’s approval are identified as such by placing a green shield with a ‘tick’ sign in the lower right corner of the Campaign window. Campaigns that have not been approved by RARdream yet carry a grey shield with an "x" sign, meaning the Campaign is still under verification process.
It is the Campaign Creator’s responsibility to provide the information required for the approval of the Campaign.
By accepting these Terms you agree that before publishing the Campaign you have created on the Website, RARdream team has the right to make changes in the Campaign description, in the structure of its content and in the design of the Campaign in order to provide more accessible, acceptable and comprehensible content for the Users.
You have the right to make changes in the Campaign you have created at any time and in accordance with the provisions of these Terms. Subsequent changes in Campaigns are not subject to approval by RARdream, however, RARdream reserves the right to require further adjustments.
3.5. Up-to-date information and reporting:
Providing up-to-date information is mandatory to keep a Campaign active. The information includes texts, pictures, videos and media materials for events related to the Campaign.
As a Beneficiary and/or а Campaign Creator, it is your responsibility to maintain its content up-to-date and to inform Users in а timely manner about any change in circumstances which has occurred since the Campaign creation and during its existence.
Accountability is mandatory for the existence of the Campaign.
The Campaign Creator and/or the Beneficiary shall render an account of the amount and method of spending the donations. The account represents a description of what has been achieved with the donations received, a list of the accounting documents (invoices, contracts), as well as visual material - photos, videos, media publications.
RARdream has the right to request additional evidence of the accuracy of the information provided and to perform further verification at its own discretion.
3.6. Donors:
The responsibility for making donations is entirely yours. When you make a donation through the Platform, it is your responsibility to find out how and for what the money you donate will be spent. RARdream is not responsible for any offers, invitations, proposals or awards made or promised by Campaign Creators, Beneficiaries and/or third parties.
For each donation you make, we will issue you a payment certificate (donation certificate), which will be sent to the email address you have provided.
Donors have the right to make a donation anonymously by explicitly choosing this way before making a donation. Anonymity cannot be applied to RARdream, which should always be able to identify the origin of the donated funds. Upon request, RARdream may provide access to Donors names to government bodies or institutions that are entitled so by law. Apart from these cases, the name and other personal data of Donors who have chosen anonymity remain inaccessible to the Users of the Platform.
In order to ensure transparency and accountability to the Donors, as well as certainty that the donated funds will be subsequently donated to the Beneficiaries, all donations to Campaigns are made in favour of RARdream and are accumulated in a bank account with holder the Foundation. The donations in favour of the Beneficiaries are made to the Foundation, which subsequently allocates the donations to the respective Campaigns and/or to other causes in accordance with the Foundation's activities and objectives. RARdream makes donations to the bank account specified by the Creator of the respective Campaign in accordance with paragraph 3.7. of these Terms, while RARdream reserves the right to refuse to make a donation if it is contrary to the purposes of the Campaign.
RARdream maintains the following payment methods:

• debit/credit cards (e.g. Visa, MasterCard, American Express, etc.);
• online payment systems (e.g. PayPal, Stripe, etc.);
• direct bank transfer.

When making a donation, the Donor should provide information about their bank card or other necessary information related to the transfer of the money.
As a Donor you guarantee that the information you provide is correct and that you are entitled to make the payment. You agree that a minimum amount may be required for some donations and that all payments are final and are not subject to refund except as provided in these Terms.
You have the opportunity to support the Foundation by making regular donations. In this case you agree that the amount you specify will be drawn from your bank account on a monthly basis until the cessation of the Foundation’s operation or withdrawal of your consent to make such periodic donations. As a Donor, you (i) agree to update your account information immediately upon changes (such as changes in your card and/or its expiration date) and (ii) authorize RARdream to charge your payment instrument every 30 days until the Foundation ceases its operation or you cancel the periodic donations, which can be done at any time from your account settings on the Subscriptions page.
3.7. Distribution of donations:
Led by the principles of transparency, accountability and traceability, we make donations to Campaigns in the following way:

• 2.9% + €0.30 of each donation is allocated in favour of the Foundation for the purposes of covering costs paid for the payment processing of payment institutions used, PayPal, card payments and online payment systems, which we work with, in accordance with the terms and conditions they have adopted;
• pursuant to the terms of paragraph 3.6. above, between 0% and a higher percentage, but no more than 5% of each donation represents a donation made exclusively to RARdream, by virtue of which we are able to cover the costs associated with maintaining and updating the Platform (e.g. administrative, IT costs, ensuring fair and favourable working conditions, etc.), so that it can continue its existence as a place which helps to build a society dedicated itself in supporting various causes. The conditions under this item do not apply to Campaigns included in and compliant with the membership conditions of RARdream Trust & Safety Club, respectively it is not considered for them that a part of the donations is made exclusively for the benefit of RARdream;
• a part of the donation made may be used for the purposes of Campaigns promotion. The necessity of the use and the amount of the funds for promotion will be defined by our team in every single case after attentive analysis;
• the remainder of the donated funds is transferred to the bank account specified by the Campaign Creators, after being charged with the respective bank fees related to the transfer;

At no time during the course of our business do we distribute profit, with all revenues being invested back in RARdream for the purposes of its continuous improvement and development.
By accepting these Terms, Donors agree that if a Campaign is closed for any reason other than the cases described in paragraph 3.2. regarding termination due to misuse, before reaching its objectives and before gathering the amount specified therein, when collected donations remain unallocated, the donations will be redirected to: (i) other existing Campaign/s, indicated by the Beneficiary of the Campaign or chosen by RARdream; or (ii) to other causes consistent with the Foundation's activities and objectives, at RARdream's discretion.
The active Campaign, to which the Beneficiary wishes to redirect the donations from the already closed Campaign, should be of the same category or of the Medicine category, except in cases where the active Campaign is created and managed by RARdream, in which cases the donations can be redirected regardless of the Campaign category. RARdream redirects the donations to the duly designated by the Beneficiary Campaign within 30 calendar days as of the date of closure of the first Campaign. In case the Beneficiary does not indicate within 30 days as of the closure of the Campaign to which other active Campaign they wish the remaining donations to be made, RARdream reserves the right to make this choice at its own discretion.
Notwithstanding the foregoing, by accepting these Terms, Users agree that RARdream shall have the right, at its sole discretion, without the need to notify and/or seek the approval of Donors/ Beneficiaries, to reallocate the donations made, to causes consistent with the activities and objectives of the Foundation.
By accepting these Terms, Donors agree that if a Campaign is closed for any reason including in the cases described in paragraph 3.2. regarding termination due to misuse, the donations made by the Donors are not subject to refund to the Donors.
3.8. Beneficiaries. Disbursement of donations:
Beneficiaries have the right to request full or partial disbursement of the funds raised under their Campaign with donations made, by indicating the amount of the funds they wish to be donated, and provide relevant documents in that regard. RARdream reserves the right, at its own discretion, to refuse or modify the request by donating a sum at an amount different from the requested one, as well as transferring a part or all of the amount directly to the bank account of third parties (e.g. hospitals, medical institutions, etc.) for achieving the objectives of the Campaign.
In order to ensure Donors' awareness of the way the funds they have donated are being spent and the transparency in their disbursement, Beneficiaries should keep the information about their Campaign up-to-date. This includes provision of documents evidencing the costs incurred (date, amount, grounds), and periodical publications on the Campaign page (messages, photos, videos, etc.).
RARdream verifies the documents provided and keeps accountability of the costs by indicating the date of donating the sum, its amount and ground for transfer, for which a payment document is attached. RARdream ensures that all documents containing personal or other data (such as bank account details) are protected and Platform Users have no access to them.
After verifying the documents provided to evidence the amount and method of spending the donations, RARdream places a green shield with a ‘tick’ sign on the Documents window to verify that it has audited the expedient spending of the donations. In case of doubt as to how the donations have been spent, RARdream reserves the right to request additional documents and to carry out a check at its own discretion, for which the Beneficiaries of the Campaign are obliged to provide the necessary assistance.
3.9. Tax aspects:
It is your responsibility to check whether and what taxes apply to the donations you receive through the use of the Platform.
It is your sole responsibility to verify, collect, report and transfer the required tax to the tax authorities.
RARdream is not responsible for imposing tax on donations that are collected and made through the use of the Platform, nor is it committed to providing advice in this respect. In case of uncertainty about the tax due, the grounds and the amount of the applicable tax, you should contact your consultant.
4. INTELLECTUAL PROPERTY
4.1. Our rights:
The content on the Platform is protected by the applicable intellectual property legislation and it belongs to RARdream or is used by RARdream under a license or permission.
All intellectual property rights in respect of the software used to provide the Platform, the Website and its content, data files, hardware or other materials such as analyses, plans, documents, reports, offers and other subjects of intellectual property rights that you have access to when using the Platform and on the grounds of these Terms, belong to RARdream or are used by RARdream under a license or permission.
The content of the Platform encompasses (including but not limited to) all texts, formatting, selection, coordination, layout and design of the Website as well as images, graphics, tools, applications, text content, photographic images, brands (including those in process of registration), trade names, logos, and other materials and information posted on the Platform.
The content (or parts thereof) of the Platform may not be copied, reverse-engineered, decompiled, divided into parts, modified, posted on other Internet sites, modified or otherwise distributed, licensed and relicensed, or transferred in any form, except upon the prior explicit written consent of RARdream for such action.
You may not remove or modify any information or designations of copyright, brand names, trade names or other intellectual property rights from the software used to provide the Platform, the Website, data files, hardware or materials.
RARdream has the right to use technical means of protecting the software, hardware, data files, the Website and its content and others in order to comply with the restrictions and conditions of use of these objects. You may not remove, damage, destroy or disrupt such technical means or create conditions for such actions to be taken by third parties.
Nothing on the Platform may be considered, assumed or implied, either directly or indirectly, as granting of consent, license or right to use the RARdream trademark or any materials and information posted on the Platform and protected by intellectual property rights, without the prior explicit written permission of RARdream.
4.2. Your rights:
RARdream has no obligation nor has it the objective capability to perform a preliminary check on the intellectual property rights over the content submitted by the Users of the Platform and is in no way liable for any infringements of these rights. If a User or a third party notices content on the Platform which, in their opinion, infringes their or a third party's copyrights or related rights, the User or the third party shall seek protection of their rights against the infringer, while RARdream’s liability with regard to such infringement cannot be sought in any way. Notwithstanding the above, in case of infringement suspicion, Users and third parties should notify RARdream immediately by sending a message to our team through the Platform's functionalities or atteam@RARdream.com, indicating a link to the post as well as any other information which may serve as evidence of infringing copyrights. Taking measures by RARdream against a User who is allegedly infringing a third party’s copyrights or related rights, as well as measures’ particular type, are entirely at RARdream's discretion.
We do not endorse or guarantee the accuracy, authenticity or reliability of the content posted by Platform Users, nor do we support specific views expressed through the Website.
You own the content you create and share on the Platform, and nothing in these Terms deprives you of the rights you have over it. You are responsible for all materials you add, create, present, distribute or post on the Website, and you agree that you bear the risk and liability for any resulting damages that may occur to you or to third parties.
You agree that when you share, publish or upload content which is subject of intellectual property rights (e.g. photos or videos), you grant us a non-exclusive, transferable, sublicensable, royalty-free and worldwide valid right and license to host, use, distribute, modify, recreate, copy, publicly present or perform, translate and create derivative works of your materials.
In particular, you grant us the non-exclusive, transferable right to use your materials worldwide, including to change, distribute, process and synchronize, display, transmit wirelessly, transmit and retransmit by cable, to offer, wirelessly or by cable, access to an unlimited number of persons to the material or part of it in a way that allows such access from a place and at a time individually chosen by each of them, in connection with our activity, including for the purpose of promoting the Platform or materials published on the Platform in any format and communication channel, for example, by email, on third-party websites, APIs or others. You agree that parts of your Campaign and your publications, such as images, videos, text, etc., may be publicly available.
You grant us the right to use your name, profile photo, uploaded photos and publications in a Campaign, as well as information about actions you have taken on the Website, in connection with the promotion of the Platform and/or a Campaign, without owning you any payment or compensation in this regard.
In addition, you grant every User of the Platform the non-exclusive right to access, use, download, store, transmit, present, publicly display or print your materials through the Platform in order to promote a Campaign, and to use, comment, reproduce, distribute and perform these materials.
You have the right to withdraw the above-granted rights at any time by deleting your content or your account. Please note that for technical and/or accounting reasons, the content you delete may continue to exist for a limited or unlimited period of time in the form of backups, although it will not be visible to other Users (e.g. the amount of the donation you have made, information on related transactions and other financial and accounting information). The content you delete may continue to exist and appear if it has been shared by other Users and they have not deleted it.
You represent and warrant that you have all the necessary rights to grant the aforementioned permissions without violating third party rights, including personal data protection rights, copyrights and related rights, contractual and other rights.
RARdream reserves the right to remove any content and material which is inconsistent with morality, applicable laws or these Terms in the event that we have established such violation or we have been notified of that via the Platform's functionalities or at team@RARdream.com.
5. LIABILITY. DISCLAIMERS AND LIMITATION OF LIABILITY
RARdream has no objective capability and obligation to control the way the User uses the Platform. The User uses the Platform at their own responsibility and agrees that RARdream bears no liability for direct and/or indirect property and/or non-property damages and/or loss of profits arising as a result of the access or the terminated and/or interrupted access of the User to the Platform, as well as any other damages incurred in connection with the use of the Platform by the same, including the way in which the Platform may affect the User.
RARdream does not guarantee that the Platform is constantly and at all times protected, safe, functioning properly without disruption and without any other problems associated with its use by the Users.
RARdream bears no liability for the lack of access to the Website, as well as for the inability to process or the late processing of requests with regard to making or accepting donations or fund disbursements upon occurrence of circumstances which are beyond its control in cases of force majeure, “pure” accident, problems in the global Internet network and in the provision of services beyond the control of RARdream.
RARdream bears no liability for the possible delay, limitation, disturbed or missing communication resulting from the customer's Internet subscription. RARdream is not responsible for the Internet connection of the User.
The Platform may contain links to other websites owned and maintained by third parties other than RARdream, and you agree that these links are provided for convenience only and that RARdream is not responsible and is in no way connected to the contents of these websites, nor does it guarantee the authenticity of the information provided therein, the description of services, protection of the personal information provided by the User, etc. Should you have any questions with regard to the information on these websites as well as in connection with the way to use them, contact their owners and administrators.
As far as RARdream has neither the objective capability nor the obligation to control the websites and resources accessible through the hyperlinks on the Website, RARdream bears no liability in case of unlawful content and materials on these websites and resources. RARdream shall not be liable for damages and loss of profits arising out of the use, access or unreliability of these materials and content.
RARdream shall not be liable for damages caused to the software, hardware or telecommunication facilities, or for the loss of User data caused by materials or resources searched, loaded or used in any way via the Website.
RARdream shall be indemnified for any damages, costs and claims from Users, Beneficiaries or third parties resulting from a breach of these Terms, unauthorized use of the Platform and/or misuse of Campaigns, as well as in cases when the donations are being spent for purposes different than the stated in the Campaign, including but not limited to legal expenses, lawyers' fees and other expenses incurred by us with respect to the protection of our rights and legitimate interests due to unlawful or contradictory to these Terms actions on your behalf.
RARdream does not provide any other warranties of any kind to the Users or third parties that are not covered by these Terms.
In the event that any of the above-stated disclaimers and limitation of liability of RARdream is not permitted by law, the liability of the same shall be deemed to be excluded/limited to the fullest extent allowed by applicable law.
6. COOKIES
Like many other websites, the Platform uses cookies. Detailed information on the meaning and use of cookies, the nature of the information collected by them, etc. is contained in the Cookie Policy, which is an integral part of these Terms.
7. PERSONAL DATA PROTECTION
RARdream respects the right of all Platform Users to privacy and personal data protection. Detailed information on the collection and processing of personal data of Users and Beneficiaries is contained in the Privacy Policy, which is an integral part of these Terms.
8. APPLICABLE LAW AND JURISDICTION
The relevant provisions of the effective Bulgarian legislation shall be applied to any and all matters which are not covered by these Terms.
The application of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.
The law of the Republic of Bulgaria shall be applicable to any disputes arisen between RARdream, on the one hand, and a User/Beneficiary, on the other hand, and in case of impossibility to reach such agreements, the dispute shall be referred to the competent Bulgarian court.
The law of the Republic of Bulgaria shall be applicable to any disputes arising between parties which concern international private relations, with the parties acknowledging the exclusive competence for their settlement to the Bulgarian courts.
9. GENERAL PROVISIONS
Once a User accesses the Platform and starts using it, it is assumed that he/she has become familiar with these Terms, agrees with all their provisions and undertakes to comply with them unconditionally. Upon disagreement, the User shall terminate the use of the Platform.
The User undertakes to use the Platform in good faith and as intended in compliance with all applicable laws, as well as not to use software, scripts, programming languages or other technologies which could impede the operation and use of the Platform.
The User agrees that the present Terms of Use do not impose any obligations other than those expressly described herein and ensuing from the law. In this regard, the User agrees that these Terms of Use do not contain any unfair clauses within the meaning of the Consumer Protection Act, and in the event that a particular User finds any clause unfair, the User shall cease the use of the Platform immediately.
The User agrees that RARdream has the right to unilaterally modify, supplement or remove parts of these Terms of Use at any time, and the most lately published version of these Terms shall be considered as valid and applicable to the relations between the parties. The amendments enter into force after notification from RARdream and if within 7 days of the date of notification you do not declare that you are rejecting them. You agree that all statements of RARdream regarding the amendment of these Terms of Use will be sent to your e-mail which has been used for registration on the Platform or by publication on the Website. The User accepts the amended/supplemented General Terms of Use and they are applicable to Users before the expiration of the 7-day period when they have used the Platform after the amendment of the Terms.
The parties agree that in case any of the clauses in these Terms are proved to be void, this will not result in invalidity of the Terms as a whole or of any other provisions hereto. The invalid clause will be replaced by the mandatory provisions of the law or the common practice.
Date of first publication: November 13, 2024
Last Updated: October 16 2024