Welcome to CommunityFunded.com.
SUMMARY OF SERVICE
Community Funded is a venue for fundraising and commerce. The Site allows certain users (“Project Creator(s)”) who comply with the Site’s policies to post projects (“Fundraiser(s)”) and attempt to elicit feedback and raise funds from other users (“Supporter(s)”) by offering items and services of varying nature and value (“Reward(s)”). In addition certain users (“Reward Sponsor(s)”) can offer items or services of varying nature and value (“Sponsored Rewards”) to Project Creators for their use in raising money. The proceeds raised from a Sponsored Reward are pledged to the Fundraiser to which they are associated.
Additionally, the Site allows certain users (“Shopkeeper(s)”) who comply with the Site’s policies to post pages (“Storefront(s)”) for the purposes of offering and selling (“Listing(s)”) certain goods and services (“Inventory”) in a fixed-price format. Other users (“Buyer(s)”) can purchase Inventory from Shopkeepers.
Certain portions of the Site allow users the ability to create content. Content includes, but is not limited to, project pages, fundraisers, rewards, giftbacks, in-kind rewards, sponsored rewards, storefronts, inventory items, text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, Your and/or other User and persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that You submit, post, upload, embed, display, communicate or otherwise distribute on or through the Site (“User Content”).
RULES AND CONDUCT
Additionally, You shall not:
Project Creators and Shopkeepers agree to not abuse other Users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project or Shopkeeper’s Storefront Listing, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project or the Shopkeeper’s Storefront Inventory Listing.
USERS OF OUR SERVICE AND COMMUNITY MEMBERS
All visitors to the Site, whether registered or not, are Users. If you want to create a Fundraiser, post User Content, Support a campaign, create a Storefront, or Buy from a Storefront, you must register with the Site to become a “Community Member”.
You may use Our Services if:
Becoming a Community Member
By creating a Community Member account You will be required to create a username (“User ID”) and password. You agree to provide, maintain, and update true, accurate, current and complete information about yourself as required by Our registration process. By registering as an organization, You personally guarantee that You have the authority to bind the entity to this Agreement. You shall not impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person’s username, password, or other account information, or another person’s name, likeness, voice, image or photograph. You shall not transfer or sell Your Community Member Account and User ID to another party. You are fully responsible for all activity, liability and damage resulting from Your failure to maintain password confidentiality, and that Community Funded cannot and will not be liable for any loss or damage arising from Your failure to keep Your password secure.
Additionally, You agree to exit from Your account at the end of each session. You acknowledge and consent that the Company may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose Your account information, usage history and User Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to Your requests for customer service; or (e) protect the rights, property, or personal safety of Community Funded, its Users, or the public. You are not to provide Your User ID and password information in combination to any other party other than Community Funded without Community Funded’s express written permission.
The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, storefront name and project name.
Fundraisers: Fundraising and Commerce
Community Funded is a platform that may allow certain Users (“Fundraiser Creators”) the ability to post a Fundraiser to showcase and share information about the Fundraiser and elicit feedback and raise money (“Pledges”) from other Users (“Project Supporters”) in return for a Reward or Sponsored Reward.
To create a Fundraiser a Project Creator must complete all required fields of the Fundraiser Application process. This includes providing and choosing the settings for the following information:
A Fundraiser may be posted only after a User has submitted an application to the Company for that Fundraiser and We have approved the Fundraising application.
By posting a Fundraiser on the Site, You agree:
Community Funded Shall not be liable for Your interactions with any organizations and/or individuals found on or through the Site service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Site. Site does not oversee the performance or punctuality of Fundraisers. Site is not responsible for any damages or loss incurred as a result of any damages or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. Site is under no obligation to become involved in disputes between Supporters and Project Creators, or between site Community Members and any third party. In the event of a dispute, You release Site, 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 Our Service. Site reserves the right to cancel a project listing and refund all associated payments at any time for any or no reason. Site reserves the right to remove a project listing from public listing for any reason or no reason.
Site makes no guarantees regarding the performance or fairness of Processor. Fundraiser Creators may initiate refunds at their own discretion. Site is not responsible for issuing refunds for funds that have been collected by Fundraiser Creators.
Fundraisers: Rewards, Sponsored Rewards & Pledging
As a part of a Fundraiser a Fundraiser Creator may offer Rewards in return for Pledges from Project Supporters. The proceeds from the sale of a Reward are pledged to the Fundraiser that they are associated to. All or Nothing Fundraiser Creators are only responsible for fulfilling Rewards offered by Fundraiser if the Fundraiser is able to reach its Fundraising Goal within its Fundraising Deadline. Get What You Get Fundraiser Creators are responsible for fulfilling Rewards offered by the Fundraiser regardless of whether or not the Fundraiser reaches its Fundraising Goal within its Fundraising Timeline.
In addition to pledging cash, Users (“Reward Sponsor(s)”) can use the Site as a venue to sell items or services (each, a “Sponsored Reward”), with the proceeds of any such sale going directly to a Fundraiser of their choice. When a Project Supporter purchases a Sponsored Reward, the proceeds of the sale are pledged by the Project Supporter to the Fundraiser selected by the Reward Sponsor.
By Pledging to a Fundraiser You agree to be bound by this entire Agreement, including the following terms:
A Reward sale transaction on Site is an agreement solely between the Fundraiser Creator and the Pledger. A Sponsored Reward sale transaction on Site is an agreement solely between the Reward Sponsor and the Pledger with proceeds of any such sale going directly to the Fundraiser Creator. Fundraiser Creator or Reward Sponsor agrees to transfer ownership of the Reward or Sponsored Reward, in exchange for which the Pledger agrees to pledge the purchase price to the Fundraiser Creator. Delivery and provision arrangements with regard to any Reward will be made directly between the Pledger and Fundraiser Creator and Site shall have no obligation or responsibility arising in connection therewith or relating thereto. Delivery and provision arrangements with regard to any Sponsored Reward will be made directly between the Pledger and the Reward Sponsor and Site shall have not obligation or responsibility arising in connection therewith or relating thereto.
Storefronts: Listing and Commerce
Community Funded may provide certain Users (“Shopkeeper(s)”), the ability to post a Storefront to showcase and list goods or services (“Items”) at a fixed price for the purpose of selling those Items to other Users (“Shopper(s)”).
When listing Items on a Storefront You agree:
All Shopkeepers are urged to outline shop policies for their Storefront. These policies may include, for example, shipping, returns, payment and selling policies. Shopkeepers must create reasonable policies in good faith and must abide by such policies. All Storefront policies must comply with Community Funded site-wide policies. Shopkeepers are responsible for enforcing their own reasonable Storefront policies. Community Funded reserves the right to request that a seller modify a shop policy.
Shopkeepers are responsible for accurately listing their Items, and Buyers are responsible for reading the description of items before making a purchase. All sales are binding. The Shopkeeper is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (i) Buyer fails to meet the terms of the Shopkeeper’s listing (such as payment method), or (ii) the Shopkeeper cannot authenticate the Buyer’s identity. The Buyer is obligated to deliver appropriate payment for Items purchased, unless there is an exceptional circumstance.
The price stated in each Item listing description must be an accurate representation of the sale. Shopkeepers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the Items. Shopkeepers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Community Funded or Processor fees, misrepresent the Item’s location, or use another User’s account without permission.
When buying an Item, You agree that:
Signing up for Community Funded is free. However, We do charge fees for certain services on the Site, which are as follows:
The total amount of the sale is the final price of the Item, shipping charges, and any other amounts the Shopkeeper or Fundraiser Creator may charge the buyer. Sales tax is not included.
Payment of Funds for Fundraisers
All funds contributed to an All or Nothing Project which has met is Fundraising Goal or a Get What You Get Project that has ended, excluding our fees, as described in this Agreement, will be remitted by Processor to the Fundraiser Creator. Community Funded is not liable or responsible for any errors or omissions in the funding account caused by the payment Processor or the failure of the payment Processor to pay pledges to the Fundraising Creator.
Receipt of Pledge
Community Funded does not warrant or make any claims on the tax-deductibility of Pledges to Fundraisers marked as Non-Profit. You will receive an email shortly after You make a Pledge to a Fundraiser. Please print a copy of Your email receipt and retain it as a record of Your Pledge. To request an additional copy of this receipt, please email Us at email@example.com.
License Grant of User Content and User Content and Warranty of Non-Infringement
When providing Us with content, User content or posting content using Our Services, You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any an all copyright, publicity, trademarks, database rights and intellectual property rights You have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, You waive Your moral rights and promise not to assert such rights against Us, Our sublicensees or assignees.
You represent and warrant that none of the following infringe any intellectual property right: Your provision of content to Us, Your posting of content using the Services, and Our use of such content (including of works derived from it) in connection with the Services.
Disputes with Users or Third Parties
In the event a dispute arises between You and another User or a third party, Community Funded encourages You to contact the User or third party to resolve the dispute amicably.
If a Buyer and Shopkeeper are unable to resolve a dispute resulting from a transaction that occurs on Community Funded, they may choose to participate in Community Funded’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Community Funded. Community Funded provides its dispute resolution process for the benefit of Users. Community Funded does so in Community Funded’s sole discretion, and Community Funded has no obligation to resolve disputes between Users or between Users and outside parties. To the extent that Community Funded attempts to resolve a dispute, Community Funded will do so in good faith based solely on Community Funded’s policies. Community Funded will not make judgements regarding legal issues or claims.
WITHDRAWAL OF FUNDS FROM CF WALLET
You may NOT withdraw funds from Your CF Wallet. Funds in Your CF Wallet may only be used to Pledge to Fundraisers on the Site.
CF WALLET BALANCES
If You carry a balance in Your CF Wallet, Your funds will be co-mingled and held with other Users’ funds in one or more pooled accounts at one or more FDIC-insured banks by Us on Your behalf and for the benefit of You and other Users (“Pooled Account”). The Company has sole discretion over the establishment and maintenance of any Pooled Account. We will hold all such funds separately from Our business funds; will not use such funds for Our business purposes; will not voluntarily make such funds available to Our creditors in the event of bankruptcy, judgment or any other purpose; and will not knowingly permit Our creditors to attach to such funds. You will not receive interest or any other earnings on any such funds that We handle for You. As consideration for using the website and its features, You irrevocably assign to Us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to Our holding such funds in a Pooled Account.
If a User disputes a credit or debit card charge relating to a donation, and such dispute results in a chargeback or refund, the Company shall have the right to deduct the amount of funds charged back or refunded, as well as any costs and fees associated with any such chargeback or refund, from future pledges to a Fundraiser Creator. If there are no such future funds, due to no further pledges being made, or because a Fundraiser has ended, We will issue an invoice for such amount, including costs and fees, which the Fundraiser Creator agrees to pay to the Company within 30 days of date of the invoice.
THIRD PARTY SITES
Community Funded, the “Community Funded” logo, the “EmpoweredBy” logo and other Community Funded graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Community Funded (“CF Marks”). CF Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Community Funded. The Company retains all proprietary rights in the Site and all content, material and information posted, uploaded, transmitted or otherwise shared by Us thereon the Site contains the copyrighted material, trademarks and other proprietary information of Community Funded. You may display and make limited copies of the Content (other than the CF Marks) for Your personal, non-commercial use in connection with Your participation in the Service (except as provided herein), but You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, written permission of Community Funded.
CLAIMS OF COPYRIGHT
The Company reserves the right to in appropriate circumstances at Our discretion, terminate accounts of Users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2) and the Digital Millennium Copyright Act notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:
261 S. College Ave, Fort Collins, CO 80524
Telephone Number of Designated Agent:
E-Mail Address of Designated Agent:
To be effective, the notification must be a written communication that includes the following:
We may give You notice that We have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a User’s e-mail address in Our records. If You receive such a notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
The Company has no special relationship with or fiduciary duty to You. You acknowledge that we have no control over, and no duty to take any action regarding:
The Company is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Site or any liability, cost or expense You may incur in connection with the Site, whether caused by any User or other person or by any of the equipment or programming associated with or utilized on the Site. Community Funded is not responsible for the conduct, whether online or offline, of any User of the Site or any other person. With respect to the Site, Community Funded assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will the Company be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Site, any content posted, uploaded, submitted, transmitted or otherwise shared on the Site or any interactions between any Users of the Site, whether online or offline. We do not represent, warrant, covenant, guarantee, or promise any specific result from use of the Site.
THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SITE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.
The Company makes no representation or warranty, express or implied, with respect to any third party data provided to Us or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Community Funded will not be liable in any way to You or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Community Funded or “force majeure” or any other cause beyond the control of Community Funded.
WAIVER AND RELEASE
If You have a dispute with one or more Users, You release the Company, its members, managers, officers, directors, employees, agents, representatives and affiliates, from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Refund of Donations
You hereby agree to waive any and all rights that You may have to demand a refund or the cancellation of a charitable pledge or donation pursuant to any applicable law, rule or regulation, including, by way of example and without limitation, §6-16-106 of the Colorado Charitable Solicitations Act.
LIMITATION OF LIABILITY
You are responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, income, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance of service, your use of the Site, sale or purchase of any products or services for a transaction, or otherwise in connection with any action, inaction, or omission by You or any affiliate of Yours, or any of Your or their respective employees, agents, contractors, or representatives (“Taxes”). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. The Company shall have no obligation to determine whether Taxes apply, and shall not be responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
Accessing the Site is prohibited from countries, territories, states or localities where such content is illegal. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited. If You access or utilize the Site, or any services provided by or through the Site, You do so at Your own initiative and are responsible for compliance with all applicable laws, rules and regulations.
By using the Site, You consent to receive communications from the Company electronically. We may communicate with You by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between You, Us or Our Affiliates.
We will not be considered to have waived any of Our rights or remedies, or portion of them, unless the waiver is in writing and signed by Us. Our failure to enforce the strict performance of any provision of this Agreement shall not constitute a waiver of Our right to subsequently enforce such provision or any other provisions of this Agreement.
ENTIRE AGREEMENT, SEVERABILITY, SECTIONS AND HEADINGS.
This AGREEMENT, accepted upon Your access and use of the Site and further affirmed by opening a User Account, contains the entire AGREEMENT between You and Community Funded regarding the use of the Site. This AGREEMENT may not be orally amended. If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT shall continue in full force and effect. Sections and heading contained herein are for organization purposes only, and shall not be used in the interpretation of this Agreement.