IMPORTANT NOTICE: AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, USERS AGREE TO RESOLVE DISPUTES WITH Donation crowdfunding THROUGH BINDING ARBITRATION AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER IN SECTION 19 BELOW).
Donation crowdfunding may amend the Terms at any time in its sole discretion by posting a revised version of the Terms. Unless stated otherwise, access to or continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If We make any material change to these Terms, We will notify Users by posting a notice on Our Site, through the Services, or by other means We deem appropriate.
Additional Policies
The following policies and guidelines are incorporated into the Terms by reference.
- What is Donation crowdfunding?
Donation crowdfunding is an online crowdfunding platform that brings Users together to support crowdfunding campaigns featuring innovative products, creative design, and inspired ventures. It allows Users to launch and seek to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer Perks to Contributors in thanks for the Contributors’ donation of funds. - All User Obligations
We grant you a limited, non-exclusive, non-transferable, and revocable license to use Our Services—subject to these Terms and the following restrictions in particular:- You are responsible for your account. To use many of the Services, you will need to register and create an account with a username and password. You must provide us with accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify Donation crowdfunding immediately by contacting us at support@Donation crowdfunding.com. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
- Terminating your account. You may submit a request to terminate your account by contacting us This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our legitimate business purposes. These Terms, including our rights to User Content, survive termination of an account.
- You must be 18 years old. You must be 18 years or older to sign up for an account and use Our Services. Outside of the European Economic Area (“EEA”), minors between the age of 13 and 18 years are only permitted to use Our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. Children under 16 residing in the EEA are not permitted to access the Site or use the Services . You are responsible for any and all account activity conducted by a minor on your account.
- Follow the law and Our policies. You may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you may have toward any party. You may not offer Perks that are illegal, violate any of Donation crowdfunding’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation. All Users must abide by Our Community Guidelines . It is your responsibility to continuously monitor Community Guidelines as these may be updated from time-to-time at Donation crowdfunding’s sole discretion.
- Be truthful. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
- Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy.
- Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, listservs, or any kind of autoresponder or spam on or through the Site.
- Respect the property of others. Do not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User.
- Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that We have put in place to secure Our Site or Services, take actions to gain unauthorized access to any system, data, passwords, or other Donation crowdfunding or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
- Fees. There are no fees for creating an account on the Site. Campaign Owners are charged a Platform Fee as a percentage of the Contributions they raise. In addition, Campaign Owners are charged a transaction fee by the third-party payment processor. Transfer fees, or bank delivery fees, are also applied each time Donation crowdfunding sends funds to a Campaign Owners’ bank account. The Platform Fees and transfer fees/bank delivery fees are effective on the date that they are posted and will be announced on the Platform Fee page.
- Should you violate any of the Terms of Use, We reserve the right to terminate, suspend, or take any other action related to your account at Our sole discretion. You may not access Our Site or Services if We have prohibited you from doing so.
- Campaign Team Obligations
When you create a Campaign on the Site and ask for Contributions, you understand that you are entering into separate legal agreements with both Donation crowdfunding and with your Contributors, and the following rules apply (in addition to all other Terms and Additional Policies).- Make good faith efforts to fulfill the Perks associated with Your Campaign in the timeframe that You communicate to Contributors, and prioritize fulfillment of those Perks.
- Be responsive. Respond promptly and truthfully to all questions posed in comments, messages, or updates including any questions or requests Donation crowdfunding makes to verify ability to fulfill. If unresponsive or if a dispute arises between You and your Backers, We may provide your name, legal mailing address and email address to your Contributors, or in the instances where the law requires it.
- Updates. Provide substantive and quality updates at least once a month to Contributors. Immediately notify Contributors if there are obstacles or delays.
- If you have received the Contributions from your Campaign, but are unable to deliver Perks, issue refunds to Contributors.
- Comply with Laws. Comply with all applicable laws and regulations in statements concerning Your Campaign and Perk(s), the use of Contributions and delivery of Perks.
- Be Truthful and Transparent. Campaign Team Members should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery with verifiable evidence if requested. If you are unable to uphold claims, Donation crowdfunding may terminate your account, withhold funds, provide your name, mailing and email address, or take other actions to enforce its rights under this Agreement and applicable law.
- Respect Privacy. When you use the Services by creating a Campaign, you may receive information about Users that have Contributed to your Campaign, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to you purely for the purpose of fulfilling the Perks for the applicable Campaign and other Services, and may not be used or disclosed for any other purposes, including cross-promotional marketing of any other products including your own other products, without separate, verifiable consent from the User obtained independently from Donation crowdfunding or the Service. You will maintain, and be required to produce if requested, records of all such verifiable consent.
- Comply with EEA Data Controller Obligations. As a Campaign Owner, you will independently fulfill all duties required of data controllers under applicable EEA data protection law (such law shall include, but not be limited to, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted); and the current Standard Contractual Clauses (“SCCs”) for Co-Controllers for international data transfers. Data transfers are in accordance with the SCCs and are detailed in the Privacy Policy.
- Your data controller duties include:
- Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;
- Managing and reporting security incidents;
- Transfers;
- Entering into contracts with only with data processors that provide adequate protections for personal data and including appropriate contractual language;
- Maintaining records of your data processing activities;
- Conducting any required data protection impact assessments; and
- Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
- Respond to EEA Data Subject Requests. You and Donation crowdfunding will have an independent obligation to respond to any requests received by either of us from EEA data subjects regarding personal data, including without limitation, those set forth in Chapter III of the GDPR. EEA data subjects may include Contributors or any other party whose information you obtained in relation to your Campaign. The party that receives the data request is responsible for responding to the request. Campaign Owner and Donation crowdfunding shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.
- Comply with the CCPA as a Business. As a Campaign Owner, you will independently fulfill all duties required of “businesses” under the California Consumer Privacy Act (“CCPA”), including its implementing regulations. As a “business” under the CCPA, you will, without limitation: (1) provide notices to consumers as required by the CCPA, including providing a privacy policy and a notice of financial incentives, as applicable; (2) respond and honor access and deletion requests of consumers; (3) comply with all CCPA requirements related to the “sale” of personal information, as that term is defined in the statute; (4) implement reasonable security as required by the CCPA; (5) maintain records as required by the CCPA, including records related to your receipt and responses to consumer access and deletion requests; and (6) enter into appropriate contracts with vendors where required by the statute. For clarity, the party that receives a consumer request related to the CCPA is responsible for responding to the request. Campaign Owner and Donation crowdfunding shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.
- Platform Fees. Campaign Owners are charged a Platform Fee as a portion of the Contributions they raise (the "Platform Fees"). The Platform Fees are effective on the date that the Platform Fees are posted and may be updated from time to time. Platform Fees will be charged at the then-current rate.
- Taxes. Taxing authorities may classify Contributions as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Donation crowdfunding may ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that We may report taxable income to the relevant taxing authorities. Donation crowdfunding will provide Campaign Owners with a tax document if required by the relevant taxing authorities. Donation crowdfunding is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice. The shipment of Perks to Contributors may expose Campaign Owners and Contributors to sales and use tax obligations.
- Respond to Requests from Donation crowdfunding for Information about Your Campaign. Donation crowdfunding does not guarantee any Campaigns or undertake the duty to investigate or moderate any statements made by a Campaign Owner (see section 4 below). However, Donation crowdfunding may, but is not required to and undertakes no obligation to, request information from Campaign Owners to investigate possible breaches of this Agreement. The information Donation crowdfunding may request includes, but is not limited to, information to support Campaign statements, evidence that the Campaign Owner is taking actions to deliver promised products, productions and shipping timelines and information, source documentation to substantiate product claims and Campaign promises, product prototypes, and personal information to confirm the identity of Campaign Owners, vendors, and suppliers. You agree that Donation crowdfunding may employ third parties to assess the documents and your Campaign. You agree to provide this information to Donation crowdfunding upon request. Failure to provide any of the requested information within 14 days, or a longer time provided by Donation crowdfunding in writing, shall be deemed a material breach of this Agreement.
- Donation crowdfunding Reserves the Right to Withhold Funds. Campaign Owners are not guaranteed to receive Contributions made to a Campaign, even after the Campaign has ended and the fundraising goal has been reached. There may be a delay between the end of a Campaign and Our remittance of Contributions to a Campaign Owner for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. For example, Donation crowdfunding may withhold Contributions made to a Campaign if the Campaign Owner violates any Terms (as determined by Donation crowdfunding in its sole discretion). Additionally, Donation crowdfunding may withhold funds pending the receipt and evaluation of information requested through paragraph (j) above or during the pendency of any investigation Donation crowdfunding may undertake into your account. If you do not provide information within the requested time or are not able to substantiate claims made in your Campaign, Donation crowdfunding may terminate your Campaign and account and avail itself of any remedies available to it under this Agreement or applicable law. Donation crowdfunding may also withhold funds from Campaign Owners for any other breach of this Agreement. Donation crowdfunding may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.
- Refunds. Donation crowdfunding offers a limited refund to Contributors in accordance with Our Refund Policy. Refunds outside of Our Refund Policy must be handled by the Campaign Owner, and Donation crowdfunding has no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and Contributor. Donation crowdfunding reserves the right to terminate User Accounts and remove Campaigns for any abuse of the Refund Policy. Donation crowdfunding reserves its right to issue refunds at its own discretion outside of the Refund Policy.