TERMS OF USE FOR NON-PROFIT PROJECTS

TERMS OF USE FOR COMMUNITYFUNDED.COM

Welcome to CommunityFunded.com,

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY COMMUNITYFUNDED.COM (THE “SITE”). THIS AGREEMENT IS A CONTRACT BETWEEN YOU (“YOU” “YOUR” OR “USER”) AND COMMUNITY FUNDEDLLC, a Colorado limited liability company (THE “COMPANY”, “WE”, “US”, OR “OUR”). BY ACCESSING OR USING THE SITE OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS OF USE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

 

1. GENERAL 

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:

  1. to provide, maintain, and update true, accurate, current and complete information about yourself as required by OUR registration process;
  1. 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;
  2. to promptly notify US at info@communityfunded.com of any unauthorized use of YOUR username, password, other account information, or any other breach of security that YOU become aware of involving or relating to the SITE;
  3. YOU agree to exit from YOUR account at the end of each session; and
  4. 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; (e) respond to YOUR requests for customer service; or (f) protect the rights, property, or personal safety of Community Funded, its USERS, or the public.

 

3. SITE RULES OF CONDUCT 

3.1  While using or accessing the Site, You agree that You will not:

  1. Post content or items in an inappropriate category or area on the Site;
  2. violate any laws, third party rights or the Terms of Use ;
  3. use the Site’s s services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site’s services or tools;
  4. fail to deliver Giftbacks to Project Funders, unless Your Project fails to reach its funding goal, or You cannot authenticate the Project Funder’s identity;
  5. manipulate the price of any Giftback or interfere with other Users’ postings;
  6. fail to deliver In-Giftbacks to Project Funders, unless You cannot authenticate the Project Funder’s identity;
  7. manipulate the price of any In-Kind Giftback or interfere with other Users’ postings;
  8. circumvent or manipulate the Company’s fee structure, the billing process, or fees owed to use;
  9. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  10. take any action that may undermine the proper working of the Site;
  11. transfer Your Site account and user ID to another party without our consent;
  12. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  13. distribute viruses or any other technologies that may harm the Site,  the Company, or Site users;
  14. use the Site in any manner that could damage, disable, overburden or impair the Site or software , systems or equipment of the Company, or any User ;
  15. export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
  16. copy, modify, or distribute rights or content from the Site or Site’s copyrights and trademarks;
  17. harvest or otherwise collect information about users (whether or not by automated scripts), including the name, email addresses or any other personal or confidential information of Users, without their consent;
  18. create any Content that is defamatory, harassing, abusive, threatening, an invasion of a right of privacy of another person, bigoted, hateful, racially or otherwise offensive, violent, vulgar, obscene, pornographic or otherwise sexually explicit, otherwise harms or can reasonably be expected to harm any person or entity;
  19. prevent or exclude others, who are using the Site in compliance with this Agreement, from accessing, viewing or funding a particular Project;
  20. use another User’s account without permission;
  21. engage in any activity that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including Content that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  22. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  23. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your information) from the Site without the prior express written permission of Community Funded and the appropriate third party, as applicable;
  24. interfere or attempt to interfere with the proper working of the Site, services or tools, or any activities conducted on or with the Site, services or tools; or
  25. bypass our robot exclusion headers or other measures, we may use to prevent or restrict access to the Site.

 

3.2  The Company has no obligation to monitor the Site or Content and cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these TERMS OF USE, and, as between YOU and US, YOU hereby assume all risk of harm or injury resulting from any such lack of compliance. The COMPANY reserves the right to (i) investigate and take appropriate legal action (including, without limitation, civil, criminal, and injunctive redress) against any illegal and/or unauthorized uses of the SITE, (ii) remove, edit or modify any CONTENT in its sole discretion, including without limitation any USER SUBMISSIONS, from the SITE at any time, without notice to YOU and for any reason or no reason at all (iii) and remove or block any USER CONTENT from the SITE.

 

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:

  1. to pay the Site’s fees for such Services;
  2. that You are NOT entitled to any funds pledged to Your Project unless and until the Project reaches its funding goal within the stated timeframe;
  3. to assume full responsibility for the content of the PROJECT PAGE and for fulfilling obligations both implied and stated in PROJECT PAGE;
  4. that YOUR PROJECT is USER CONTENT, and is subject to all terms and conditions relating to USER CONTENT in the AGREEMENT;
  5. that the PROJECT fulfills the PROJECT GUIDELINES; and
  6. the COMPANY may cancel, interrupt or suspend a POSTING at any time for any reason.

 

4.3 By posting Your Project Page, You agree that You will not:

  1. post a false or misleading PROJECT; or
  2. post false or misleading information in YOUR PROJECT PAGE.

 

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:

  1. to the Site’s fee policies, chargeback policies and payment policies as herein identified;
  2. at the time Your application was submitted and approved, that Your organization is a domestic, non-profit entity with 501(c)(3) tax-exempt status, in good standing with all pertinent regulatory bodies;
  3. that You will notify the Company of any change in Your organization’s non-profit or 501(c)(3) tax-exempt status during the term of Your Project;
  4. that Your Project Page will be suspended and/or cancelled if your organization’s non-profit or 501(c)(3) status is lost during the term of Your Project;
  5. to assume full responsibility for the content of the Project Page and for fulfilling  obligations both implied and stated in Project  Page;
  6. that Your Project  is User Content, and is subject to all terms and conditions  relating to User Content  in this Agreement;
  7. that the Project fulfills the Project  Guidelines, which can be located here communityfunded.com/non-profit-project-guidelines/; and
  8. the Company may cancel, interrupt or suspend a Non-Profit Project or Project Page at any time for any reason.

 

3.3  By posting Your Non-Profit Project Page, You agree that You will not:

  1. post a fraudulent, false, or misleading Project; or
  2. post, fraudulent, false or misleading information in Your Project Page.

 

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:

  1. to the Site’s fee policies, chargeback policies and payment policies as herein identified;
  2. to assume full responsibility for the content of the Project Page and for fulfilling  obligations both implied and stated in Project  Page;
  3. that Your Project  is User Content, and is subject to all terms and conditions  relating to User Content  in this Agreement;
  4. that the Project fulfills the Project  Guidelines, which can be located here Neighbor in Need Guidelines; and
  5. the Company may cancel, interrupt or suspend a Neighbor-in-Need Project Page at any time for any reason.

 

3.3  By posting Your Neighbor-in-Need Project Page, You agree that You will not:

  1. post a fraudulent, false, or misleading Project; or
  2. post, fraudulent, false or misleading information in Your Project Page.

 

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:

 

  1. that YOU are solely responsible for YOUR USER CONTENT on the SITE;
  2. that the SITE and COMPANY are a passive channel for YOUR POSTING of USER CONTENT;
  3. that YOU are the owner of all the INTELLECTUAL PROPERTY RIGHTS in the USER CONTENT, or have explicit permission from the owner(s) of all such INTELLECTUAL PROPERTY RIGHTS to POST the USER CONTENT on the SITE;
  4. to assume full responsibility for the USER CONTENT and for fulfilling obligations both implied and stated;
  5. that YOU understand that the POST is not a substitute for registering the Content with the U.S. Copyright or any other rights organization;
  6. to release, discharge, and agree to hold harmless Community Funded from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the USER CONTENT, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights;
  7. YOU may be identified publicly by YOUR first name and YOUR USER ID in association with any such USER CONTENT;
  8. to grant USERS of the SITE, and hereby do grant to USERS of the SITE a non-exclusive license to access YOUR user Submissions through the SITE and 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;
  9. to pay all royalties and other amounts owed to any person or entity due to YOUR USER CONTENT; and
  10. that the use or other exploitation of such USER CONTENT by the Company and use or other exploitation by users of the SITE and SERVICE as contemplated by this AGREEMENT will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

 

5.2  By POSTING any USER CONTENT on the SITE YOU agree the USER

CONTENT will not:

  1. contain false or misleading information;
  2. create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to YOU, to any other person, or to any animal;
  3. create a risk of any other loss or damage to any person or property;
  4. constitute or contribute to a crime or tort;
  5. contain any information or content that WE deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libelous, threatening, or otherwise objectionable;
  6. contain any information or content that is illegal;
  7. contain information or content that YOU do not have a right to make available under any law or under contractual or fiduciary relationships; or
  8. violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity and privacy.

 

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:

  1. PLEDGING to a PROJECT is solely YOUR choice;
  2. that PLEDGING to a PROJECT does not give YOU any rights in or to that PROJECT, including without limitation any ownership, control, or distribution rights;
  3. that the PROJECT CREATOR shall be free to solicit other funding for the PROJECT, enter into contracts for the PROJECT, allocate rights in or to the PROJECT, and otherwise direct the PROJECT in its sole discretion;
  4. nothing in this AGREEMENT or otherwise limits the COMPANY’s right to enter into AGREEMENTs or business relationships relating to PROJECTS;
  5. the COMPANY does not guarantee that Giftbacks will be delivered or satisfactory to YOU;
  6. the COMPANY does not guarantee that In-Kind Giftbacks will be delivered or satisfactory to YOU;
  7. the COMPANY does not warrant the use of any PROJECT FUNDING or the outcome of any PROJECT;
  8. to the COMPANY REFUND POLICY;
  9. the COMPANY is not responsible for issuing refunds for funds that have been collected and remitted to a PROJECT CREATOR;
  10. YOU are solely responsible for interactions with other USERS;
  11. to the understanding that a PROJECT’s GOAL may not be met;
  12. that all PLEDGES are between YOU and the PROJECT CREATOR; and
    the Company makes no representations regarding the deductibility of any PLEDGE for tax purposes.

 

7. DONATING TO PROJECTS 

By Donating to a Non-Profit Project (“Project Donor”) on the Site You understand and agree:

  1. Donating to a Non-Profit Project is solely Your choice;
  2. that You are solely responsible for selecting the correct Non-Profit Project to make Your donations to;
  3. that You will not use an invalid or unauthorized credit card to make a donation;
  4. that all donations are final and non-refundable;
  5. that the Company  does not guarantee that any Giftbacks or other items will be delivered or satisfactory to You;
  6. the COMPANY does not guarantee that In-Kind Giftbacks will be delivered or satisfactory to YOU;
  7. that the Company  does not warrant that donated funds will be used by the Project Creator for the purpose indicated, or the outcome of any Non-Profit Project ;
  8. that all donations are between You and the Project Creator; and the Company makes no representations regarding the deductibility of any PLEDGE for tax purposes.

 

8. DONATING TO NEIGHBOR-IN-NEED PROJECTS 

By Donating to a Neighbor-in-Need Project (“Project Donor”) on the Site You understand and agree:

  1. that donating to a Neighbor-in-Need Project is solely Your choice;
  2. that You are solely responsible for selecting the correct Neighbor-in-Need Project to make Your donations to;
  3. that donations to Neighbor-in-Need Projects are NOT tax deductible;
  4. that You will not use an invalid or unauthorized credit card to make a donation;
  5. that all donations are final and non-refundable;
  6. that the Company does not guarantee that any Giftbacks or other items will be delivered or satisfactory to You;
  7. the COMPANY does not guarantee that In-Kind Giftbacks will be delivered or satisfactory to YOU;
  8. that the Company  does not warrant that donated funds will be used by the Project Creator for the purpose indicated, or the outcome of any Neighbor-in-Need Project; and
  9. that all donations are between You and the Project Creator.

 

9. FEES 

Signing up for Community Funded is free.  However, We do charge fees for certain services on the Site, which are as follows:

  1. an application fee of $100 for all Projects, which is being waived for the first 30 days of operation of the Site;
  2. a 10% fee on all funds contributed to a successful Project (which includes a 5% credit card processing fee). Our fee is not deducted unless and until Project is successful;
  3. a 10% fee on all funds donated to a Non-Profit Project (which includes a 5% credit card processing fee), which will be incurred by the Project Creator and deducted at the time the donation is made to a Non-Profit Project;
  4. a 10% fee on all funds donated to a Neighbor-in-Need Project (which includes a 5% credit card processing fee), which will be deducted at the time the donation is made to a Neighbor-in-Need Project; and
  5. a $1.00 per-transaction fee on all contributions made to a Project.

 

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 info@communityfunded.com.

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 info@communityfunded.com. Donations will post to Your account in the name of Community Funded.

13.2 Neighbor-in-Need

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.

16. REFUNDS

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 info@communityfunded.com, 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. CHARGEBACKS

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:

  1. the websites and Internet resources YOU are taken to are not controlled by US;
  2. different terms of use and privacy policy may apply;
  3. WE are not responsible for such websites and Internet resources;
  4. WE do not endorse and cannot ensure that YOU will be satisfied with any products or services that YOU purchase from a third-party website that links to or from the website;
  5. WE do not endorse and cannot ensure that YOU will be satisfied with any content from a third-party website that is contained on the SITE; and
  6. WE cannot be held responsible for the accuracy, relevance, legality or decency of material contained on websites retrieved in searches and/or listed in search results or identified on search result pages.

 

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:

Ryan Stover

Full Address of Designated Agent to Which Notification Should be Sent:

261 S. College Ave, Fort Collins, CO 80524

Telephone Number of Designated Agent:

303-931-3958

E-Mail Address of Designated Agent:

ryan@communityfunded.com

 

24.2 To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification 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 US to locate the material;
  4. Information reasonably sufficient to permit US to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

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:

  1. YOUR physical or electronic signature;
  2. 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;
  3. A statement from YOU under the penalty of perjury, that YOU have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. YOUR name, physical address and telephone number, and a statement that YOU consent to the jurisdiction of a Federal District Court for the judicial district in which YOUR physical address is located, or if YOUR physical address is outside of the United States, for any judicial district in which Community Funded may be found, and that YOU will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

25. TERMINATION

The Company may terminate YOUR access to all or any part of the SITE at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with YOUR membership. If YOU wish to terminate YOUR account, YOU may do so by following the instructions on the SITE. Any fees paid hereunder are non-refundable. All provisions of the TERMS OF USE which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

26. DISCLAIMERS

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:

  1. which Users gains access to the Site; what User Content  or other content You access via the Site;
  2. what effects the User Content or other content  may have on You;
  3. how You may interpret or use the Content; or
  4. what actions You may take as a result of having been exposed to the User Content or other content.

 

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

26.6  The Company  reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any USER CONTENT from the SITE that violates these TERMS OF USE (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when WE believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these TERMS OF USE (including the Rules of Conduct) and/or OUR contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the SITE. Moreover, WE retain all rights to remove USER CONTENT at any time for any reason or no reason whatsoever.

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 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL The COMPANY, OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES  OR AFFILIATES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

29. INDEMNITY

You agree to  indemnify and hold harmless the Company, its members, managers, officers, directors, employees, agents or representatives, from and against all liabilities, claims, costs and expenses, including reasonable attorneys’ fees, which result from, arise out of or are related to, Your use or misuse of, or access to, the Site, Content or otherwise from Your User Content, violation of the TERMS OF USE, or infringement by YOU, or any third party using the YOUR account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU, in which event YOU will assist and cooperate with Us in asserting any available defenses.

30. GOVERNING LAW

These Terms of Use (and any documents incorporated herein by reference) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. YOU agree that the Company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over the Company, or its members, managers, officers, directors, employees, agents, representatives or affiliates, either specific or general, in any jurisdiction other than the State of Colorado. YOU agree that any 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 the State of Colorado 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 such dispute, action or proceeding.

 

31.  TAXES

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.

32.  INTERNATIONAL 

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.

33. ASSIGNMENT 

User shall not have any right or power to transfer or assign any right or privilege conferred by the Terms of Use without the written consent of the Company, and any such purported transfer or assignment shall be null and void. The Company shall have the right to assign any of its rights, privileges, duties or obligations without restriction, and without the consent of the User.

 

34. COMMUNICATION/NOTIFICATION  

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.

36. PRIVACY POLICY  

YOU agree to and acknowledge the PRIVACY POLICY linked to here.

37. AMENDMENT 

The Company may modify the terms of this Agreement (including any document incorporated herein by reference) or the features of the Service at any time. We will post the amended Terms of Use to the Site and send a notice of material changes to the electronic address under your profile. Any such change in terms will be effective upon posting to our Site or when otherwise communicated to you, whichever is earlier. A “Material Change” is limited to any change that involves an increase in fees or liability for you. Any Material Change to this Agreement will be effective thirty (30) days from the date of posting. You will be deemed to accept (a) any Material Changes if you use the Site after the 30-day notice period, and (b) any other changes if you use the Site, after the posting of the new Terms of Use. If you do not accept a change to the Terms of Use, Your sole remedy is to contact Us and close your account. You are at all times responsible for reading and understanding each version of this Agreement, including any documents incorporated herein by reference. YOU are responsible for updating YOUR personal information to provide US YOUR current e-mail address. In the event that the last e-mail address that YOU have provided US is not valid, or for any other reason is not capable of delivering to YOU the notice described above, OUR dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

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.