- YOUR ACCEPTANCE
- NEUTRAL VENUE
- Venue. OUR SITE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS, INFORMATION PROVIDED TO OR BY THE SITE USERS. WE RESERVE THE RIGHT TO DISCONTINUE ANY CAMPAIGN AT ANY TIME FOR ANY REASON. WE DO NOT GUARANTEE THE LEGITIMACY OF ANY CAMPAIGN, SO YOU SHOULD ONLY MAKE DONATIONS OR PAYMENTS TO THE PEOPLE YOU KNOW AND TRUST.
- INTELLECTUAL PROPERTY
- Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
- License to Your Content. By transmitting or uploading any content to our Site, you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, sell or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us. Without limiting the generality of the foregoing, FreeFunder may distribute Press Releases about campaigns on the Site, and may use details provided by the campaign owner. Only text, pictures and video that is publicly available on the campaign page will be used for promotional purposes.
- Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to firstname.lastname@example.org
- USER RESPONSIBILITIES
By using this Site, all users represent, warrant and agree that:
- You have a full capacity to form a legally binding contract.
- You are over the age of 13.
- You will provide a valid payment method information when necessary. You will not use payment methods which you are not authorized to use. You will not use fake identity.
- You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
- Our Site may contain errors and inaccuracies.
- Submission of untruthful reviews, posts, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
- Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
- You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
- You will not access our Site in order to gain a competitive advantage.
- You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
- You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
- CAMPAIGN OWNER RESPONSIBILITIES
- Campaign Owners must make every effort to fulfill any promise made during or after their campaign in connection with their FreeFunder campaign. If the Campaign Owner is unable to fulfill their obligations to those who have donated to their campaign (whether those Contributors have the expectation of a reward or not), they must make every effort to remedy the situation, possibly including refunding donations to Contributors.
- Campaign Owners must comply with all applicable laws and regulations in the use of donations and delivery of rewards. Campaign Owners are responsible for collecting and remitting any taxes that may be due on donations, and any taxes due in connection with rewards. FreeFunder may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any donations without notice or liability in the event we are unable to verify any such information to our satisfaction.
- CAMPAIGN CONTRIBUTOR RESPONSIBILITIES
Contributors are completely responsible for asking questions and investigating Campaign Owners and campaigns to whatever extent they feel is necessary before making a donation or contribution to their campaign. All contributions are made voluntarily and at the sole discretion and risk of the Contributor. FreeFunder does not investigate the validity of any campaign, does not guarantee that contributions will be used as promised, does not guarantee that Campaign Owners will deliver rewards, and does not guarantee that the Campaign Owner will achieve the goals of the campaign.
- PROHIBITED CAMPAIGNS
Campaign Owners and Contributors are prohibited from creating or donating to Campaigns related to the following:
- any activity that violates any law;
- cause or encouragement of harm to people or property;
- content or campaigns that are fraudulent, misleading, inaccurate, or dishonest;
- illegal drugs, controlled substances or other products that present a risk to consumer safety;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions;
- any form of gambling;
- the promotion of hate, violence, harassment, discrimination, or intolerance of any kind;
- the defense or support of anyone alleged to be involved in criminal activity;
- legal counsel and/or services related to divorce or child custody;
- offering monetary rewards, including gift cards.
- PROHIBITED REWARDS
Campaign Owners are not permitted to offer or provide any of the following as a Campaign Reward:
- any form of "security" (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products;
- any controlled substance or drug paraphernalia;
- any weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.
- FACEBOOK SHARES
FreeFunder donates to FreeFunder fundraising campaigns based on Facebook shares. The share thresholds at which FreeFunder donates may change at any time. Currently FreeFunder donates $20 to campaigns that reach 100 Facebook Shares, and another $50 to campaigns when they reach 500 total Facebook Shares. The share count assumed by FreeFunder is approximate due to the information Facebook makes publicly available. When someone visits the "Donate" page for a fundraiser, FreeFunder retrieves information from Facebook about the share count. Unfortunately the number that is returned is not specifically "shares," but rather the total number of "Shares," "Likes," and "Comments." For this reason, we approximate the number of total actual Shares by taking the number returned, dividing it by 2, and adding 1. This approximation is based on the difference observed between a previous version of the Facebook API which separated those different actions and the new version, which combines them. For more information about this known issue, please see this Facebook Developer Bug thread: Incorrect Share Count.
- REMEDIES FOR BREACH OF THESE TERMS
- Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
- PAYMENTS AND REFUNDS
- Creating a campaign on our Site is free and, when a donation is made to a campaign, the Site does not take any part of it. Contributors have the option to include an additional donation to the Site, but this is voluntary. Contributors have the option to opt out of the voluntary donation by clicking the link that displays the donation amount and “recommended donation to FreeFunder,” which appears below the total donation amount. Stripe, our payment processor, takes a fee of $2.9% + $0.30 from each donation, but none of that goes to FreeFunder.
- Payments made through our Site are passed on to the Campaign Owner (minus Platform Fees, when applicable) immediately and are under the control of the Stripe Account connected to the Campaign.
- Contributors making donations to a campaign should consider the payment to be final and without the possibility of a refund.
- At times Stripe, the payment processor, may automatically issue refunds in cases in which the Stripe Account connected to the Campaign is not properly activated, has insufficient information about the connected Bank Account or Account Owner, or when there is suspicion of fraudulent activity.
- If a Stripe Account is not fully activated, with Charges and Transfers approved, Stripe will automatically refund all donations 21 days after the donations were made.
- PAYMENT PROCESSOR
Payment processing services for Campaign Owners are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to this agreement / these terms or continuing to operate as a Campaign Owner on FreeFunder, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FreeFunder enabling payment processing services through Stripe, you agree to provide FreeFunder accurate and complete information about you and your business, and you authorize FreeFunder to share it and transaction information related to your use of the payment processing services provided by Stripe.
AVAILABILITY AND CURRENCY
- Countries. FreeFunder is currently available for use in the United States and Canada. Donations can be received from other countries, but any fundraising campaign started on the site must originate from a resident of the United States or Canada.
- Currency. All donations are made in US Dollars. If the Bank Account connected to the fundraiser uses a different currency, the US Dollar donation will be converted to that currency by the payment processor, Stripe, according to Stripe's policies and exchange rates.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- USE OF THIS SERVICE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS". YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
- WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE SUMS RECEIVED FROM YOU FOR THE ALLEGEDLY DEFECTIVE PRODUCT. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions that would result in application of any other law. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered in Seattle, WA by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
- Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. You cannot frame our Site on any other website. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately. The inclusion of the link to any website on our Site does not imply endorsement by us of that linked website.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
- Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
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