Last revised – Jan 17, 2016
4. ServicesWe have developed unique and proprietary Services that, among other features, are designed to provide a platform for Campaign Owners and Merchants to advertise their Campaign and Merchandise, and are designed to provide a portal for Backers to view and access multiple Campaigns and Merchandise.
You acknowledge that we are providing you links to the Host Sites only as a convenience, and you agree that such links do not constitute an endorsement by us of any such sites, and that we are not responsible for the content or links displayed on such sites to which you may be linked. The Company is not a broker, agent, financial institution, creditor or insurer for any User. ACCESS AND USE OF HOST SITES, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH HOST SITES IS SOLELY AT YOUR OWN RISK.
We make no representations about the quality, safety, morality or legality of any Campaign, Merchandise or Reward or the conduct of any Campaign Owner, Merchant or Backer. We do not personally endorse any Campaign, Campaign Owner, Merchandise, Merchant or Reward. IT IS YOUR SOLE RESPONSIBILITY TO ASSESS THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF ANY CAMPAIGN, MERCHANDISE OR REWARD.
By using the Services, you will not:
- Violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;
- Promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, nationality, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- Advertise Campaigns, Merchandise or Rewards relating to any form of gambling, any form of weapons, ammunition and related accessories, any form of pornography, human trafficking or exploitation, or any form of harm or risk of harm to individuals or animals;
- Advertise Campaigns, Merchandise or Rewards that are offered on Host Sites that do not conform with the previous three conditions;
- Use our sites, services, or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, or tools;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm, manipulate, extract unauthorized information from the Services, or the interests or property of Users of the Services;
- Engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services;
- Take any action that imposes, in our sole discretion, an unreasonable load on our infrastructure;
- Copy, modify, mine data or distribute rights or content from the Services or our copyrights and trademarks;
- Impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
- Harvest or otherwise collect information about Users, including email addresses, without their consent; or
- Use any crawlers, bots, algorithms or other automatic applications or codes in order to retrieve and collect information through our Services.
We are under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner or Merchant. Notwithstanding, in the event of a dispute regarding Campaign or Merchandise ownership, we reserve the right to request documentation to determine or confirm Campaign or Merchandise Ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, driver's license, etc.
6. Campaign Owners' and Merchants' Data Security ObligationsCampaign Owners and Merchants who raise funds for their Campaigns and Sell their Merchandise on their own independently run Host Sites ("Independent Campaigners" and "Independent Merchants", as applicable) are responsible for maintaining commercially reasonable administrative, technical, and physical procedures to protect all the personal information of Users in their possession from unauthorized access and accidental loss or modification. Independent Campaigners and Merchants are fully responsible for the security of data on their Host Sites, through their apps, or otherwise in their possession. Independent Campaigners and Merchants agree to comply with all applicable state and federal laws and rules in connection with their collection, security and dissemination of any personal, financial, credit card, or transaction information on their Host Sites or through their apps.
7. CopyrightWith the exception of User Content as defined in Section 9 below, all content and material included on this Website and Applications, such as, but not limited to, information, technology, layout, images, illustrations, photographs, articles, posts, text, graphics, logos, button icons, audio clips, music, sounds, videos and URLs, are the sole and exclusive property of the Company and are protected by copyright laws. The arrangement and compilation of all content and material on this Website and Applications (including source and object code) are the exclusive property of the Company and are protected by copyright laws. All Applications used on this Website are the property of the Company or its Applications suppliers and are protected by copyright laws.
You agree to the following conditions:
- All information and materials you provide in connection with a Campaign, Merchandise or Reward is accurate, complete, and not otherwise designed to mislead, defraud or deceive any User;
- You will not post comments, replies to comments, or links to sites that are likely to be offensive or cause emotional distress;
- You will display at least one photograph representing the Campaign or Merchandise you are advertising;
- You will not include any visual element in connection with a Campaign, Merchandise or Reward that incorporates Website colors or branding elements, including but not limited to logos, colored frames, borders or badges;
- You will not include any visual element in connection with a Campaign, Merchandise or Reward that could be interpreted to have been produced by the Company, including but not limited to banners, progress bars or funding stats, or that communicates endorsement by the Company;
- The landing page of your Campaign, Merchandise or Reward on the Host Site will either be the payment form or include a button or link leading to the payment form and in any event accessing the payment form shall require no more than two mouse clicks;
- The total amount of funds raised displayed on the landing page of your Campaign on the Host Site, if displayed, shall not exceed the total amount you display on the Website; and
- Notwithstanding the previous condition, the information you display on the landing page of your Campaign, Merchandise or Reward on the Host Site shall not contradict the information you display on the Website.
- Use the Services for any purposes other than the purpose expressly allowed by us herein;
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials or content contained in the Services;
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content or materials accessible through the Services, or features that enforce limitations on the use of the Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or the Applications or any part thereof;
- Modify, adapt, translate or create derivative works based upon the Services; the content of the Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law;
- Intentionally interfere with or damage operation of the Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; or
- Use the Services in order to provide similar services to any third party or for competing with our Service.
11. Third Party ServicesThe Services may provide, or Users may provide, links to World Wide Web sites or resources ("Third Party Material"). Because we have no control over such Third Party Material, you acknowledge and agree that we are not responsible for the availability of such Third Party Material, and do not endorse and are not responsible or liable for any Third Party Material, advertising, products, or other materials on or available from such Third Party Material. You further acknowledge and agree that we shall 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 such Third Party Material, goods or services available on or through any such Third Party Material. ACCESS AND USE OF THIRD PARTY MATERIALS, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.
12. Electronic CommunicationsWhen you visit our Services, contact us through the Contact Us page, or send e-mails to us, you are communicating with us electronically. We therefore take this as your consent to receive communications from us electronically. By doing so you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing. You agree to notify us of any changes in your contact details.
13. Site informationThe information contained on the Website and Services is for information purposes only. It is believed to be reliable; however we do not warrant its completeness, timeliness or accuracy.
16. Disclaimer of Warranties and Limitation of LiabilityWE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE AND/OR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR APPLICATIONS INCLUDED ON THE SERVICES, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICES OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICES AND THE CONTENT THEREIN ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, DEVICE VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN OUR SERVICES. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. CERTAIN PROVINCIAL AND/OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.