Effective 1 March 2016
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.SPARKRAISE.COM, ALL OTHER SITES OWNED OR OPERATED BY SPARKRAISE THAT REDIRECT TO WWW.SPARKRAISE.COM, AND ALL SUBDOMAINS (COLLECTIVELY, THE “SITE”), AND THE SERVICES OWNED AND OPERATED BY THE COMPANY, INCLUDING APIS, EMAIL NOTIFICATIONS, APPLICATIONS, BUTTONS, WIDGETS, ADS, COMMERCE SERVICES, LOYALTY REWARDS SERVICES (TOGETHER WITH THE SITE, THE “SERVICE”).
SPARKRAISE PROVIDES A RANGE OF SERVICES. SUPPLEMENTAL TERMS MAY APPLY TO YOUR INTERACTION WITH A SPECIFIC APP, PRODUCT OR SERVICE. TO THE EXTENT THOSE SUPPLEMENTAL TERMS CONFLICT WITH THIS AGREEMENT, THE SUPPLEMENTAL TERMS ASSOCIATED WITH THE APP, PRODUCT, OR SERVICE GOVERN WITH RESPECT TO YOUR USE OF SUCH APP, PRODUCT OR SERVICE TO THE EXTENT OF THE CONFLICT.
In this Agreement, we refer to a person raising funds through the Service as "Campaign Creator" and to his fundraising campaign as "Campaign". We refer to a person contributing funds to a Campaign as "Contributor" and to the funds he contributes to the Campaign as "Contribution". Campaign Creators, Contributors, other visitors to the Site, and other users of the Service are referred to collectively as "Users" and each a “User”.
SparkRaise is a Community and Venue
SparkRaise strives to create an online community of people, businesses, social enterprises and groups that share creative, entrepreneurial and philanthropic interests. It is also a crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Creators can offer Contributors gifts or perks in the form of tangible items or intangible discounts or services (collectively, “Perks”).. SparkRaise makes no warranties or representations about the nature, genuineness, truthfulness, quality, safety, morality or legality of any Campaign, Perk or Contribution or the truthfulness or accuracy of Content (as defined below) posted on the Site. SparkRaise does not warrant or represent that Campaign Creators will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Service at their own risk.
Summary of Service
Through the Site, email, websites, applications, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (including but not limited to any of the foregoing that they request or authorise the Company to do on their behalf) ("Submit") Content. “User Submissions” means any Content Submitted by Users.
Acceptance of Terms
If you are a legal or other non-individual entity, you represent and warrant that you are validly existing under the law of your place of incorporation or establishment, you have authority to form a binding contract, and that all the registration information you submit is accurate and truthful. Users suspended from using the Service are not eligible to use the Service. The Company reserves the right to, and may in its sole discretion, refuse use of the Service to any person or entity, reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Service, and change its eligibility criteria at any time, for any reason, without liability. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Rules and Conduct
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- you know is false, misleading, or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
- impersonates any person or entity, including any employee or representative of the Company.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company's or its third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent where applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, national, and international laws and regulations. The Company does not guarantee that any Content will be made available through the Service.
The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason or no reason whatsoever, and without notice: (i) cancel, reject, interrupt, remove, or suspend any Campaigns; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submissions; and (iii) remove or block any Users or User Submissions. SparkRaise reserves the right not to provide reasons for any of these actions.
The following terms apply when you contribute to a Campaign:
- You agree to provide your payment information at the time you pledge to contribute to a Campaign. These payments will be collected during the validity of the Campaign and may be collected after the Campaign’s stated deadline.
- The amount that you pledged to provide (together with any postage or related delivery charges for your Perks) is the amount that you will be charged.
- SparkRaise may pay your Contribution to the Campaign Creator at any time.
- You consent to SparkRaise and its payment partners charging, authorising or reserving a charge on your payment card or other payment method for any amount up to the full amount of your pledged Contributions at any time between the time the Contributions are pledged and the time of the collection of the Contributions.
- You agree to have sufficient funds or credit available to ensure that the payment for the Contribution will be made immediately upon collection.For some products or services or other Perks, Campaign Creators may need further information from Contributors, such as a mailing address or other customising information, to enable the Campaign Creators to produce, customise or deliver the Perks to the Contributors. You agree that SparkRaise shall be entitled to provide your information to the Campaign Creator, and also agree to provide such requested information to the Campaign Creator upon request. You acknowledge that you may not be able to receive the Perks if you fail to provide the requested information notwithstanding your Contribution to the Campaign.
- SparkRaise reserves the right to cancel your Contribution at any time and for any reason or no reason at all.
The following terms apply when you create a Campaign:
- You agree with SparkRaise and Contributors to execute your Campaign as you have planned or committed during your Campaign fundraising period. If you promise to deliver products or services or other Perks, you agree with SparkRaise and Contributors that you must deliver them by the estimated delivery dates. Should there be any foreseeable delay, you agree to promptly update and inform SparkRaise and the Campaign’s Contributors as to the progress and also a new estimated delivery date and provide them with the explanations for the delay and justification for the new estimated delivery date.
- For your Campaign, SparkRaise will give you the name, Username, and Contribution amount and certain other information of each Contributor to your Campaign.
- You should not take any action in reliance on the pledged or paid Contributions until you are allowed to withdraw and use the money in accordance with the terms hereof.
- You agree that in case there is any error or failure in processing or otherwise receiving payment from Contributors, for whatever reason whatsoever, SparkRaise absolutely cannot and does not guarantee at all the receipt of any of the uncollected or unprocessed Contributions.
- SparkRaise’s payment processors (such as credit card companies and banks) will deduct from Contributions their fees when transmitting the Contributions to you. Fees may vary depending on the form of payment, the kind of credit card, the currency of the transaction, the location of the bank or credit card company, and many other factors.
- SparkRaise will charge or deduct its Service Fee (defined below) from Campaign Creators after transmitting Contributions to Campaign Creators.
- SparkRaise reserves the right to cancel a Contribution at any time and for any reason or no reason at all.
- SparkRaise reserves the right to reject, cancel, interrupt, remove, or suspend a Campaign at any time and for any or no reason whatsoever, in SparkRaise's sole and absolute discretion. SparkRaise is absolutely and unequivocally not liable for any damages or loss whatsoever, whether direct or indirect or consequential or otherwise, whether tangible or intangible, whether reputational or otherwise, as a result of or in any way related to, any of those actions. You agree that it is SparkRaise’s policy not to communicate the reasons for any of such actions.In any event, if SparkRaise has communicated the reasons for any particular action, that absolutely does not change SparkRaise’s policyand SparkRaise shall be under no obligation to provide any reasons for other such actions in the future.
Disclaimer and Release
You acknowledge that SparkRaise is a funding platform for Campaigns. When a Contributor agrees to contribute to a Campaign, he enters into a contract with the Campaign Creator. SparkRaise is NOT a part of such contract. SparkRaise is not liable for any damages or loss arising from or in relation to Perks or any other use of the Service.
When you are contributing to a Campaign, you acknowledge that you may lose all or any of your Contribution without receiving any Perks from the Campaign. You confirm that you have sufficient funds such that you are able to bear such a financial loss.
Save as provided in this Agreement, all dealings in relation to the Campaigns are solely between Campaign Creators and Contributors and other Users. SparkRaise is absolutely not a party to such dealings.
SparkRaise is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Campaigns posted on the Site.
SparkRaise does not oversee the performance or punctuality of Campaigns. The Company does not endorse or support any User Submissions. Nothing that SparkRaise does or says or omits to do or omits to say should be interpreted as any kind of endorsement or support by SparkRaise. You agree to release SparkRaise, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way howsoever related to such disputes and use of the Service where permitted by law.
Disputes between Campaign Creators and Contributors
When you create a campaign, you are legally bound to perform or make good any promise and/or commitment to your Campaign’s Contributors (including delivering any Perks). If you are unable to perform or make good any promise and/or commitment to the Contributors (including delivering any Perks), you shall work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of the Contributions by you.
Campaign Creators are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. You are not allowed to create a fake Campaign or a Campaign claiming to do what you cannot conceivably achieve. You must comply with all applicable laws and regulations in connection with your Campaigns, including offering Perks and using Contributions. You shall not make any false or misleading statements in connection with your Campaigns.
You must not use SparkRaise for selling (or for advance payment to sell) products or services or for activities that:
- violate any law, statute, ordinance or regulation;
- relate to (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) illegal drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law;
- relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card or similar kinds of financial instrument, (d) are by payment processors to collect payments on behalf of merchants, (e) are associated with the following money service business activities: the sale of traveller's cheques or money orders, currency exchanges or cheque cashing, or (f) provide certain credit repair or debt settlement services;
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
- involve illegal involvement in gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that illegally facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and illegal sweepstakes unless the operator has obtained prior approval from SparkRaise and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Notwithstanding the above, SparkRaise retains absolute discretion to prohibit any Campaign or any kind of Campaign, without needing to give any reason for its decision. You agree to SparkRaise's absolute discretion in this manner.
Campaign Creators are not permitted to offer or provide any of the following as a Perk:
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any form of "securities" (as such term is defined in the Securities and Futures Ordinance (Cap. 571));
- any form of money or financial incentive or participation in any profit sharing;
- any form of air transportation;
- any rights or interests in “collective investment scheme” (as such term is defined in the Securities and Futures Ordinance (Cap. 571)); or
- any items (i) prohibited by applicable law to possess or distribute, (ii) that would violate applicable law if distributed, or (iii) that would result in infringement or violation of another person's rights if distributed.
Prohibited Community Behaviour
SparkRaise is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. You shall NOT:
- use the Service to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Service or any activities conducted on the Service; or
- take any action that imposes, in SparkRaise’s opinion, an unreasonable load on SparkRaise's infrastructure.
SparkRaise reserves the right to remove Campaigns and terminate User Accounts for such activities.
Fees and Payments
Setting up an account on the Site is free of charge. We do not charge Contributors any service fees. Unless otherwise expressly indicated on the Site, we charge each Campaign Creator a fixed percentage of the Contributions to the Campaign as service fee (the "Service Fee").This enables us to continue to maintain the Service for everyone to enjoy. By using the Service, you agree to our Service Fees listed at http://www.sparkraise.com/pages/service-fees. Changes to Service Fees will be effective after we post notice of the changes on the Site. Updated Service Fees will apply to Campaigns launched after the notice is posted.
You are responsible for paying all fees and taxes associated with your use of the Service. Contributions by Contributors may be collected by a payment processing company or a credit card company or bank or other payment service provider. SparkRaise is not responsible for the performance or non-performance of payment services or errors or failures thereof.
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Content and License
You agree that the Site contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Site.
The Company grants to each User of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, noncommercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Unsolicited Idea Proposals
We are always pleased to hear from our user community and welcome comments or suggestions to improve the Service.
When you provide any proposals of ideas, comments, suggestions, proposals or materials to SparkRaise, you agree to the following terms: (i) all proposals shall be considered non-confidential and nonproprietary; (ii) SparkRaise will have no obligation concerning the proposal, contractual or otherwise (including, without limitation, confidentiality); (iii) SparkRaise will not be liable for any use or disclosure of any proposal; and (iv) SparkRaise shall be entitled to unrestricted use of the proposal for any purpose whatsoever, commercial or otherwise, without any compensation to you.
Intellectual Property of Users
By submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
You agree to grant to the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):
i. use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);
ii. take whatever other action is required to perform and market the Service;
iii. allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
iv. use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service.
The foregoing license that is granted to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
Your User Submissions will be published and you may be identified publicly by your name or Username or other information in association with your User Submissions.
- You grant to each User a non-exclusive license to access your User Submissions through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
- You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant SparkRaise all of the license rights granted herein.
- The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
- The Company will not be liable for any errors or omissions in any Content.
- The Company cannot and does not guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
SparkRaise has adopted a policy of, in appropriate circumstances, terminating User accounts that are infringers of the intellectual property rights of others. SparkRaise also may terminate a User's account even if it is based on a single infringement. If SparkRaise does not terminate a User's account after it becomes aware of an infringement, it does not in any way mean that SparkRaise has waived its right to do so at any time afterwards.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement or that any Content infringes such User's intellectual property rights and is accessible on the Site, please notify SparkRaise in writing at firstname.lastname@example.org. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") shall provide the following information in writing (the "Notice of Infringement") :
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SparkRaise to locate the material;
- information reasonably sufficient to permit SparkRaise to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted;
- a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law;
- a statement that the information in the notification is accurate, and that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply with these notice requirements, your notification may be invalid. Notice of alleged copyright infringement should be sent to us at email@example.com.
Any information, projection or assumption included on the Site is not intended to give you any legal, financial, taxation or other professional advice and, should you propose to use any of the Service, you are strongly advised to obtain appropriate independent professional advice before proceeding. No warranties or representations (whether express or implied) are made by the Company concerning the completeness, accuracy or reliability of any matter included on the Site or any other information provided by the Company to you in connection with any Service.
The Company has no special relationship with or fiduciary duty to you whatsoever. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their projects and Campaigns. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Site.
The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (i) the Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (ii) any content or software available at or through the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Subject to any applicable laws, the Company shall not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
The Company shall not be responsible for any delays or loss of or corruption of data or any loss attributable to any equipment or system as a result of either the use of the Site or the Service by you or your communications over the internet with the Company, which are entirely at your own risk. We will not accept any responsibility for any losses, claims or damages of any kind, whether direct or indirect or special or consequential or otherwise howsoever arising in relation to the foregoing.
Limitation of Liability
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws and all applicable laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Service, you consent to receive from SparkRaise all communications including notices, agreements, legally required disclosures, or other information in connection with the Service (collectively, "Contract Notices") electronically. SparkRaise may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Service.
Integration and Severability
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.