Welcome to CommunityFunded.com,
1.1 Service Description. The Site is a platform where certain Users (“Project Creators”) post creative projects (“Project(s)” or “Project Page(s)”) and attempt to raise money from other Users to fund such Projects (“Project Funders”) by offering rewards of varying nature and value (“Giftbacks” or “In-Kind Giftbacks”). In addition certain Users (“In-Kind Giftback Creators”) can use The Site as a venue to offer rewards of varying nature and value (“In-Kind Giftbacks”) to Project Creators for their use in raising money. The proceeds raised from any In-Kind Giftback are pledged to the Project they are associated with and released to the Project Creator. The In-Kind Giftback Creator agrees to transfer the In-Kind Giftback they have offered to the Project Funder. Delivery and provision arrangements for Giftbacks shall be made directly between the Project Creator and the Project Funder. Delivery and provision arrangements for In-Kind Giftbacks shall be made directly between the In-Kind Giftback Creator and the Project Funder and The Site shall have no obligation or responsibility stemming in connection with or relating thereto.
1.2 User Content. Certain portions of the SITE allow USERS the ability to create USER CONTENT. User content includes, but is not limited to, PROJECT PAGES, PROGRAM PAGES, 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”).
2. USER ACCOUNTS
2.1 While using the SITE certain SERVICES require YOU to create a USER ACCOUNT. When YOU create a USER ACCOUNT YOU agree:
3. SITE RULES OF CONDUCT
3.1 While using or accessing the Site, You agree that You will not:
4. PROJECTS, PROJECT PAGES
4.1 A Project Page may be posted only after a User has submitted an application to the Company for such Project, We have approved the application for the Project, and the application fee (described in this Agreement) has been paid to Us. In the event that Your application is rejected, the application fee will cover two subsequent re-submissions for the same Project.
4.2 By Posting a Project Page on the Site, You agree:
4.3 By posting Your Project Page, You agree that You will not:
4.4 The Company reserves the right to cancel, interrupt or suspend a PROJECT PAGE at any time for any reason.
3. NON-PROFIT PROJECT PAGES
3.1 A Non-Profit Project Page may be posted only after a User has submitted an application to the Company for such Project, We have approved the application for such Project, and the application fee (described in this Agreement) has been paid to Us. In the event that Your application is rejected, the application fee will cover two subsequent re-submissions for the same Project.
3.2 By posting a Non-Profit Project Page on the Site, You understand and agree:
3.3 By posting Your Non-Profit Project Page, You agree that You will not:
3.4 The Company reserves the right to cancel, interrupt or suspend a Non-Profit Project Page at any time for any reason.
3. NEIGHBOR-IN-NEED PROJECT PAGES
3.1 A Neighbor-in-Need Project Page may be posted only after a User has submitted an application to the Company for such Project, We have approved the application for such Project, and the application fee (described in this Agreement) has been paid to Us. In the event that Your application is rejected, the application fee will cover two subsequent re-submissions for the same Project.
3.2 By posting a Neighbor-in-Need Project Page on the Site (“Project Creator”), You understand and agree:
3.3 By posting Your Neighbor-in-Need Project Page, You agree that You will not:
3.4 The Company reserves the right to cancel, interrupt or suspend a Neighbor-in-Need Project Page at any time for any reason.
5. POSTING USER CONTENT
5.1 By POSTING any USER CONTENT on the SITE YOU agree:
5.2 By POSTING any USER CONTENT on the SITE YOU agree the USER
CONTENT will not:
5.3 The Company reserves the right to cancel, interrupt, suspend, delete, edit, modify, reformat, excerpt, or translate any USER CONTENT submitted by YOU at any time for any reason. We do not endorse and have no control over any USER CONTENT. We cannot, and do not, guarantee the authenticity of any data which USERS may provide about themselves.
5.4 YOU agree that all Content accessed by YOU using the SITE is at YOUR own risk and YOU will be solely responsible for any damage or loss to any resulting therefrom.
6. PLEDGING TO PROJECTS
By PLEDGING to a PROJECT on the SITE YOU agree:
7. DONATING TO PROJECTS
By Donating to a Non-Profit Project (“Project Donor”) on the Site You understand and agree:
8. DONATING TO NEIGHBOR-IN-NEED PROJECTS
By Donating to a Neighbor-in-Need Project (“Project Donor”) on the Site You understand and agree:
Signing up for Community Funded is free. However, We do charge fees for certain services on the Site, which are as follows:
10. PAYMENT OF FUNDS FOR SUCCESSFUL PROJECTS
All funds contributed to a Project which has met its funding goal, excluding Our fees, as described in this Agreement, will be remitted by check to the Project Creator within 14 days of the date of Project completion. Checks will be mailed to the address provided to Us in the User’s application for the Project. To change Your mailing address, please contact Us via email at firstname.lastname@example.org.
11. PAYMENT OF DONATION TO NON-PROFIT PROJECTS
All donations made to a Non-Profit Project, excluding Our fees, as herein described, will be deposited directly into the bank account that You identified in Your application for such Project. You are solely responsible for providing Us with correct information regarding Your bank account. Deposits will generally post to Your account within three business days of a donation being made. You will have immediate control and ownership of all funds deposited in your bank account.
12. PAYMENT OF DONATION TO NEIGHBOR-IN-NEED PROJECTS
All donations made to a Neighbor-in-Need Project, excluding Our fees, as herein described, will be deposited directly into the bank account that You identified in Your application for such Project. You are solely responsible for providing Us with correct information regarding Your bank account. Deposits will generally post to Your account within three business days of a donation being made. You will have immediate control and ownership of all funds deposited in Your bank account.
13. RECEIPT OF DONATION
13.1 Non-Profit Projects
Donations made to Non-Profit Projects are tax-deductible to the extent permitted by applicable, law. You will receive an email receipt shortly after You make a donation, which will meet Internal Revenue Service requirements as a record of donation. Please print a copy of your email receipt and retain it as a record of Your donation. To request an additional copy of this receipt, please email Us at email@example.com. Donations will post to Your account in the name of Community Funded.
You will receive an email receipt from Us shortly after You make a donation to a Neighbor-in-Need Project. To request an additional copy of this receipt, please email Us at Info@communityfunded.com. Donations will post to Your account in the name of Community Funded, LLC. Donations to Neighbor-in-Need Projects are NOT tax deductible.
14. AUTHORIZATION REGARDING FUNDS
14.1 Non-Profit Project
By donating funds to a Non-Profit Project, You authorize the Company to receive and/or disburse funds on your behalf in accordance with Your selected donation, whether such funds are provided to Us directly or through a provider’s application. Your authorization permits Us to debit or credit any credit card, debit card, which You authorize. We may use the services of one or more third party processors and/or financial institutions to provide services hereunder and process your transactions. Your authorizations will remain in full force and effect while you maintain your User Account with Us.
14.2 Neighbor-in-Need Project
By donating funds to a Neighbor-in-Need Project, You authorize the Company to receive and/or disburse funds on your behalf in accordance with Your selected donation, whether such funds are provided to Us directly or through a provider’s application. Your authorization permits Us to debit or credit any credit card, debit card, which You authorize. We may use the services of one or more third party processors and/or financial institutions to provide services hereunder and process your transactions. Your authorizations will remain in full force and effect while you maintain your User Account with Us.
15. UNSUCCESSFUL, CANCELLED OR TERMINATED PROJECTS
In the event that a Project is unsuccessful, is cancelled or terminated, all pledges made to any such Project will be returned in the form of CF Credits to the CF Wallet of each Project Funder, in the full amount of the contribution of each such Project Funder.
No refunds will be issued on funds pledged by Project Funders. Pledged funds that have been returned to a Project Funder’s CF Wallet, due to project incompletion, project cancellation, pledge reduction, pledge cancellation, or any other reason, may be withdrawn in accordance with Section 11 below.
17. WITHDRAWAL OF FUNDS FROM CF WALLET
You may withdraw funds from Your CF Wallet at any time by contacting Us via email at firstname.lastname@example.org, and completing and submitting the request form provided. Withdrawal requests will be processed within 3 days of receipt. Withdrawn funds will be remitted to You via check, which will be mailed to You at the address you provided to Us in the withdrawal request form within 14 days of your request being processed. A 5% fee will be assessed against all funds withdrawn from Your CF Wallet, to cover credit card transaction fees that We incurred in processing your pledge or pledges.
18. CHANGING OR CANCELING A PLEDGE.
Project Funders may increase, decrease or cancel a pledge at any time after making such pledge, expect that no reduction or cancellation may occur if (a) there is less than 72 hours before the Project end time; and (b) such reduction or cancellation would cause the Project to fall short if its funding goal. If a pledge is cancelled or reduced, the amount of the cancelled pledge, or the amount of reduction to such pledge, will be transferred to the Project Funder’s CF Wallet.
19. PLEDGED FUNDS/WALLET BALANCES
If You pledge funds to a Project, or 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.
20. AUTHORIZATION REGARDING FUNDS
By pledging funds to a Project, or by maintaining a balance in Your CF Wallet, You authorize the Company to hold, receive, and disburse funds on your behalf in accordance with Your desired contributions, whether such funds are provided to Us directly or through a provider’s application. Your authorization permits Us to (a) debit or credit any credit card, debit card, or your CF Wallet; (b) generate a paper draft or an electronic funds transfer, each to process payment transactions that you authorize. We may use the services of one or more third party, processors and/or financial institutions to provide services hereunder and process your transactions. Your authorizations will remain in full force and effect while you maintain your User Account with Us.
21.1 Standard Project
If a Project Funder disputes a credit card charge relating to a pledge, and such dispute results in a chargeback, the Company shall have the right to deduct the amount of funds charged back, as well as any costs and fees associated with any such chargeback, from the funds to be remitted to Project Creator for successful completion of a Project. If funds for a successful Project have already been sent to a Project Creator, we will issue an invoice for such amount, including costs and fees, which the Project Creator agrees to pay to the Company within 30 days of date of the invoice.
21.2 Non-Profit Project
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 donations to a Project Creator. If there are no such future funds, due to no further donations being made, or because a Non-Profit Project has ended, We will issue an invoice for such amount, including costs and fees, which the Project Creator agrees to pay to the Company within 30 days of date of the invoice.
21.3 Neighbor-in-Need Project
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 donations to a Project Creator. If there are no such future funds, due to no further donations being made, or because a Neighbor-in-Need Project has ended, We will issue an invoice for such amount, including costs and fees, which the Project Creator agrees to pay to the Company within 30 days of date of the invoice.
22. THIRD PARTY SITES
YOU should be aware that when YOU are on the SITE, there are links to other websites and Internet resources that take YOU outside of OUR service to websites and Internet resources that are beyond OUR control. WE strongly encourage YOU to make whatever investigation YOU fell necessary or appropriate before proceeding with any online or offline transaction with any third parties.
YOU agree when YOU click on any of the aforementioned links that:
23. PROPRIETARY RIGHTS
Community Funded, the “Community Funded” 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.
24. CLAIMS OF COPYRIGHT
24.1 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:
24.2 To be effective, the notification must be a written communication that includes the following:
24.3 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:
26.1 The Company has no special relationship with or fiduciary duty to YOU. YOU acknowledge that we has no control over, and no duty to take any action regarding:
26.2 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, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
26.3 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.
26.4 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.
26.5 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
27. WAIVER AND RELEASE
27.1 User Disputes
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.
27.2 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.
28. LIMITATION OF LIABILITY
30. GOVERNING LAW
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 obligated 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.
35. NO AGENCY
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.
38. NO WAIVER
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.
39. 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.