Crowd Funding Pays™
Effective May 1, 2014
The Company reserves the right at any time for any reason to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, application, profile, database, or any content in whole or part). The Company may also enforce limits on certain features and services or restrict your access to parts or all of the Service without prior notice or liability.
If you are under 18 years of age, you are not eligible to use the service without parental or legal guardian consent. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or a legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be fully responsible for your use of the Service. You further represent and warrant that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age in any form acceptable to the Company from you. The Company may suspend your account and access until satisfactory proof of age is provided and accepted.
If you have been previously suspended from using the Service for any reason, you are not eligible to use the Service unless that suspension is lifted by the Company in writing. The Company may for any reason without liability, refuse use of the Service to any person or entity, reject, cancel, remove, suspend, delay or interrupt a Campaign posting and change its access and eligibility conditions at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Crowd Funding Pays™our Setting
Crowd Funding Pays™ is an online crowdfunding platformthat helps people and all types of entities run campaigns, freely offering gifts of their choosing to raise money to fund their Campaigns and or to contribute to the Campaigns of others.
Campaign Owners may offer gifts in the form of tangible items or intangible services (collectively, “Rewards”) to Backers. Rewards are not offered for sale.
Crowd Funding Pays™ makes no representations about the quality, safety, morality or legality of any Campaign, Rewards or Contribution or the truth or accuracy of content posted on the website. Crowd Funding Pays™ does not represent that Campaign Owners will deliver Rewards, that Rewards will match any description provided, or that Contributions provided will be used as designated in the Campaign. All Users use the Crowd Funding Pays™Service at their own risk.
Crowd Funding Pays™ is not liable for any damages or loss incurred related to Rewards or any other use of the Service. Crowd Funding Pays™ is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Crowd Funding Pays™ Site. In the event of any dispute, such as a User’s alleged failure in fulfillment of an Advantage, we may at our sole discretion provide the Campaign Owner’s contact information to the Backer so that the two parties may resolve their dispute.
Crowd Funding Pays™ does not oversee or attest to the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Crowd Funding Pays™ 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 related to such disputes and the Service.
Prohibited Postings and Campaigns
Users are not permitted to create a Campaign to raise funds for any type of illegal activities, to cause harm to people, wildlife, or property, or to scam other Users. All Users must comply at all times with all applicable laws and regulations in carrying out any Campaign, and in offering Rewards and in the use of any funds raised.
Revisions and Errata
The materials appearing on Crowd Funding Pays™ website could include technical, typographical, or photographic errors. Crowd Funding Pays™ does not warrant that any of the materials on its web site are accurate, complete, or current. Crowd Funding Pays™ may make changes to the materials contained on its web site at any time without notice. Crowd Funding Pays™ does not, however, make any commitment to update the materials.
Campaign Owners are not permitted to offer or provide any of the following to Users as a Reward:
any form of ownership interest, share in a company, venture or other entity;
any form of direct financial incentive;
any monetary return on investment or loan repayment;
pornographic products or materials;
alcohol, tobacco, or any other controlled substance;
drug paraphernalia and or items promoting illegal drug use;
weapons, ammunition, explosives, components used to construct weapons, and related accessories;
any item that claims to cure, treat, or prevent an illness or condition (whether through a device, application, book, nutritional supplement, or other means):
energy food and drinks;
any genetically modified organism;
any form of lottery, contests, gambling or games of chance, raffles, or lifetime memberships;
offering financial, money-processing, or credit services; financial intermediaries or cash-equivalent instruments; travel services such as vacation packages; phone services, including prepaid phone services, 900 numbers; and business marketing services;
no Resale – Rewards must have been produced or designed by the Campaigner.
items promoting hate, bullying, personal injury, death, damage, cruelty to animals, or destruction to property; or
any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person’s rights if you were to distribute it.
Community Rules & Guidelines
post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show adults, children, animals or abuse of any living thing, being hurt or degraded; or
spam the comments sections or other Users with offers of goods, services, coupons, discounts, promotions, unauthorized advertising, junk mail, chain letters, or inappropriate messages;
infringes on 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, deceptive, wrong or inaccurate;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, place an unreasonable load on the Company’s infrastructure or its third party providers, damage, limit, or interfere with the proper working of the Site, or 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;
is made in breach of any legal duty owed to a third party, including but not limited to a contractual duty or a duty of confidence; or
impersonation of any person or entity, including any employee, representative or vendor of the Company;
bypass measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
run Maillist, Listserv, or any form of auto-responder or “spam” on the Service;
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
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 extent applicable laws specifically prohibit such restriction;
modify, translate, or otherwise create derivative works of any part of the Service;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
you agree to abide by all applicable local, state, national, and international laws and regulations.
The Company reserves the right in its sole discretion to remove Campaigns and terminate accounts for any violation of such activities.
Your Account Registration and Information
You may browse and view certain Content on the Site without registering, however as a condition of using certain aspects of the Service, you may be required to register with Crowd Funding Pays™, select a screen name, (“User ID”), and a password of your choosing within the Site screen name and password guidelines.
You agree to notify the Company immediately if at any time you become aware or suspect that your account has been used without your authorization or there has been any other breach of your account’s security. You are solely responsible for any activity that occurs on your account and responsible for maintaining the confidentiality of your login and password for the Site. You agree to never use another User account without the other User’s express permission.
Site Content and License
You acknowledge and agree that the Crowd Funding Pays™ Service contains Content provided by the Company and its partners and by Users. The Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You agree at all times to abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
You grant Crowd Funding Pays™ and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, host, stream, transmit, playback, transcode, copy, feature, market, sell, modify, create derivative works, and distribute your Member Content on or in connection with the Service and marketing and promotional activities that we may choose to undertake, 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.. You will continue to hold all ownership interest in your Member Content. You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission. You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
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 guarantee the identity of any other Users with whom you may interact while using the Service.
In accordance with your continued compliance with these Terms, the Company grants to each User of the Service a limited, worldwide, non-exclusive, non-sublicensable and non-transferable, revocable license to use the Service. 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.
In accordance with the Digital Millennium Copyright Act, Crowd Funding Pays™ has a policy that prescribes in appropriate circumstances;we may terminate User accounts that are infringers of the intellectual property rights of others.
Crowd Funding Pays™ is an exciting new web based platform that gives you the tools to develop campaigns and raise funds for your initiative by offering Rewards to Backers.
Any Contribution to a Campaign is considered to be made voluntarily, at the sole discretion and risk of a Backer. Backers are also solely responsible for asking any questions of Campaign Owners and fully evaluating Campaigns before making any decision to pledge funds. Crowd Funding Pays™ does not attest to the truth, accuracy or make representations, guarantee, endorse, recommend, or provide any warranties for or about the quality, safety, morality, legality, viability, legitimacy, of any Campaign, Reward or Contribution posted. Backers that are unable to deliver funds as proposed or if a Backer is issued a refund, the Backer will not be entitled to receive a Reward.
Crowd Funding Pays™ does not guarantee that Contributions from Backers will be used as promised by any Campaign Owner, that Rewards will be delivered, or that the Campaign will achieve any of the goals, including but not limited to financial targets stated in its Campaign offering. Crowd Funding Pays™ reserves the right in its sole discretion to reject, interrupt remove, suspend or cancel a Campaign or to cancel any funds pledged by a Backer at any time for any reason and will not be liable for any damages which may result from such actions.
It is the sole responsibility of the Campaign Owner to ensure all Rewards are delivered to their Backers as described in their offering and within the time stated and to comply with all applicable laws and regulations in your use of Contributions and delivery of all rewards.
You are responsible for collecting and remitting any taxes on Contributions, along with any taxes that may be due to any taxing authority in connection with your delivery of Rewards. Campaign Owners should not rely on or take any action based upon an expectation to post their Campaign on Crowd Funding Pays™, or upon the expected funding which such a Campaign seeks to achieve, or upon the specific timing for accessing funds pledged by Backers.
When a Backer chooses to “Back” a Campaign, you are also agreeing to a contract with the Campaign creator directly. The agreement is solely between Users, and Crowd Funding Pays™ is not a party to that agreement.
When you create a Campaign or become a Backer, you agree:
Provide accurate and complete payment information in the form accepted by the Company when pledging funds to a Campaign;
Campaign Owners may be asked to verify identity along with other Campaign details and information. Subject to the satisfactory responses and information requested during the Company’s identity and Campaign verification process, we may elect to refund, delay, or withhold contributions without notice or liability.
Have sufficient funds or credit available at the campaign deadline that ensure the full amount of any pledge by a Backer will be collected by the Company in the time allotted for such collections;
The Company through its payments partners is authorized to reserve a charge on a Backers payment card or other payment method used and approved by the Company for any amount up to the full amount pledged at any time between the pledge and collection of the funds;
Backers are permitted to make changes or to cancel their pledge during the term of the Campaign following the appropriate Company procedures for such changes or cancellation. This however, does not apply to funds pledged in the final 48 hours, wherein the Campaign goals may otherwise be adversely impacted;
Campaign Owners offering Rewards agree to make a good faith effort to deliver their proposed Rewards on the estimated delivery date in the form and substance described. In the event that certain information is required to properly fulfill the Reward offer, Backers agree to cooperate fully with Campaign Owners to provide relevant information on a timely basis. Backers should not view proposed or typical delivery dates as a promise to fulfill precisely on that projected date;
If Promised Rewards are not delivered to a Backer and the Backer has otherwise met the Campaign requirements for a specific Reward, the Backer and Campaign Owner should work to resolve the issue. If that is not possible, the Backer can request a refund of their contribution from Crowd Funding Pays™;
Campaign Owners may cancel or refund a Backers contribution at any time and are not required to deliver the proposed Reward;
Crowd Funding Pays™ makes no guarantees that funds proposed and pledged by a Backer will be delivered, minus any fees owed to Crowd Funding Pays™, to the Campaign Owner in the event that payments are not processed as expected;
Applicable fees owed to Crowd Funding Pays™ and its payment processing partners will be deducted in full before proceeds are distributed to a Campaign Owner.
Fees and Payments
Joining Crowd Funding Pays™ and Setting up an account on the Service is free. We do however, charge fees for certain services. If you elect to use a service we offer, you will have the opportunity to review the offering and accept fees and terms of payment for these services. Crowd Funding Pays™ reserves the right in its sole discretion to make changes to fees after providing notice posted on the website. Revised fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service.Crowd Funding Pays™ offers the convenience of credit card processing or PayPal to receive funds. Crowd Funding Pays™ is not responsible for the performance of any 3rd party credit card processing services or PayPal or any other processors that may be utilized to receive and process funds.
Any fees and or charges paid to the Company along with Contributions are non-refundable.
You understand that taxing authorities may classify funds you raise on Crowd Funding Pays™as taxable income to you and any beneficiary who may receive funds directly from your fund raising activities. Crowd Funding Pays™ request your tax identification number (TIN) and the TIN of any beneficiary of your Campaign either at the time of your Campaign information submission or prior to the disbursement of any funds so that we may maintain proper compliance and report taxable income to the relevant taxing authorities. If applicable, we may be able to assist you by providing you with a tax document when required by the relevant US taxing authorities. You are solely responsible for consulting with a tax advisor. We recommend that you engage a licensed advisor knowledgeable of your local jurisdiction and the tax laws pertaining to your proposed initiative so that you fully understand and make appropriate preparations for any tax obligations you may incur from funds you plan to and end up raising.
Third-Party Websites, Advertisers or Services
The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by Crowd Funding Pays™. You may also be permitted to link to other websites, social media or online resources, and other websites, social media or resources may contain links to the Site or the Company’s social media. When accessing third-party websites or social media, you do so solely at your own risk. Such other websites and or social media and online resources are not under the Company’s supervision or control, and you accept that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites, social media or other online resources. The inclusion on another website, social media, or online resource of any link to the Site does not imply endorsement by or affiliation with the Company.
You acknowledge and further agree that the Company will not be liable for any damage related to the use of any content, goods, or services available through any third-party website, social media or online resource.
If you are a Campaigner that accepts PayPal or a Contributor that uses PayPal, you agree to comply with the PayPal Acceptable Use Policy.
Limitation of Liability
In no event shall the Company, including its directors, officers, employees, agents, partners, suppliers, subcontractors, licensors, 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 in excess of (in the aggregate) one hundred U.S. dollars ($100.00). For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law.
This Terms and Use Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned except by Crowd Funding Pays™ without restriction.The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
CROWD FUNDING PAYS™ has no special relationship or fiduciary duty to you or any User. THE COMPANY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE COMPANY SERVICE IS AT YOUR OWN RISK. YOU RELEASE THE COMPANY FROM ALL LIABILITY CONCERNING ANY CONTENT ON THE SITE, HAVING ACQUIRED OR NOT ACQUIRED CONTENT FROM THE SITE AND OR THE ACCURACY, COPYRIGHT, COMPLIANCE, LEGALITY, OR DECENCY OF ANY MATERIAL POSTED ON THE SERVICE. THE COMPANY HAS NO OBLIGATION TO MONITOR CONTENT ON THE SERVICE OR THE SERVICE.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): 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. The Company will 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 Service.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
You agree that these Terms of Service (and any further rules, policies, operating practices, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Florida and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Crowd Funding Pays™or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Florida.
You agree that any claim, or dispute between you Crowd Funding Pays™ and action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Broward County in the State Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
International and Export Compliance
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. Concerning the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. If you are found to be in violation of Export Laws, all funds transacted may be frozen and/or turned over to the applicable governmental enforcement agency. Accessing the Service is prohibited from territories where the Content may be considered illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Cooperation with Authorities
We will cooperate fully with law enforcement as required by law, including law enforcement agencies who may contact us regarding any investigation of alleged illegal activity concerning the use of the Service.
Notifications, Delivery and Consent
You agree that by using the Services, you give express permission to receive from Crowd Funding Pays™ all communications including notices, agreements, legally required disclosures, or other information in connection with the Services in the form that Crowd Funding Pays™ may determine in its sole discretion is most appropriate including, email, written or hard copy letter / notice, electronically or through posting of such information or notices on the Company’s website.If you elect at any time to withdraw your consent to receive communications and notices of any type proposed through any means noted, you must discontinue your use of the Services at that time.
Changes to Terms
If you have any questions about these Terms, the practices or operations of this site, or your dealings with this Website or any complaints or reports of inappropriate use or behavior, please contact us at firstname.lastname@example.org.
DMCA Copyright Notifications
In accordance with the Digital Millennium Copyright Act of 1988 (“DMCA”), Crowd Funding Pays™, when properly notified following the Company notification process, will remove content that infringes copyrights.
“Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights.
The Company process requires you to provide the following information in writing (“Notice of Infringement”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“complainant”);
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Description 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 Crowd Funding Pays™to locate the specific material;
your address, telephone number, and email address;
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 copyright owner, its agent, or the law, and;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A complete document containing all of the items of information noted above must be submitted to our DMCA Agent (“Designated Agent”) by mail and email to the following addresses:
Attention: Legal Department
6278 N Federal Hwy
Fort Lauderdale, FL 33308
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information (“Counter-Notice”) within 5 business days from your receipt of the Notice of Infringement:
a physical or electronic signature of the owner or authorized user of material;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant or an agent of such person.