Effective December 6, 2016
In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Campaign Owners, Contributors and other visitors to the Services are referred to collectively as “Users.”
USCROWDFUNDING is a Venue
USCROWDFUNDING is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks”) to Contributors. Perks are not offered for sale. USCROWDFUNDING makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. USCROWDFUNDING does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and USCROWDFUNDING, Inc. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. USCROWDFUNDING reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Campaign Owners must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Campaign, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of USCROWDFUNDING, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.
Campaign Owners are not permitted to offer or provide any of the following as a Perk:
any form of “security” (as such term is defined in the Securities Act of 1933);
any form of financial incentive or participation in any profit sharing;
any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
any controlled substance or drug paraphernalia;
any weapons, ammunition and related accessories;
any form of lottery or gambling;
any human remains, such as bones or skulls;
any form of air transportation; or
any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
USCROWDFUNDING is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages;
engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
bypass any measures USCROWDFUNDING may use to prevent or restrict access to the Service;
run any form of auto-responder or “spam” on the Service;
Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
take any action that imposes, in USCROWDFUNDING’s sole discretion, an unreasonable load on USCROWDFUNDING’s infrastructure;
represent products created by others as your own creation, or act as a reseller of others’ products;
USCROWDFUNDING reserves the right to remove Campaigns and terminate User Accounts for such activities.
Prohibited Visual Elements in Campaign Images
Campaign Owners are not permitted to do any of the following with Campaign images:
incorporate USCROWDFUNDING colors and branding elements, including but not limited to logos, colored frames, borders or badges;
include any visual element that could be interpreted to have been produced by USCROWDFUNDING, including but not limited to banners, progress bars or funding stats;
include any visual element that communicates endorsement by USCROWDFUNDING.
Disputes between Campaign Owners, Third Parties and Contributors
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). USCROWDFUNDING does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivery of any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding Contributions. Please note that if Campaign funds have been disbursed to the Campaign Owner, then it is the Campaign Owner’s responsibility to issue refunds to Contributors.
USCROWDFUNDING is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, USCROWDFUNDING is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify USCROWDFUNDING immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information USCROWDFUNDING may reasonably request and to answer truthfully and completely any questions USCROWDFUNDING might ask you in order to verify such User’s identity.
License to Users and Use of USCROWDFUNDING Trademarks
USCROWDFUNDING grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
With the exception of User Content (defined in the User Content paragraph below), all content made available through the USCROWDFUNDING platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of USCROWDFUNDING or other Campaign Owners and is protected by United States and international intellectual property laws.
The trademarks USCROWDFUNDING®, FUNDED WITH USCROWDFUNDING®, TOGETHER DO ANYTHING® and GENEROSITY® are federally registered trademarks owned by USCROWDFUNDING, Inc. Users are strictly prohibited from registering domain names, social media accounts, user names, handles, trademarks, copyrights, apps, trade names, or corporate names that incorporate any of USCROWDFUNDING’s trademarks or are confusingly similar to any of USCROWDFUNDING’s trademarks.
Campaign Owners are permitted to offer Perks to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). This commitment includes shipping Perks to USCROWDFUNDING Contributors before fulfilling any orders received after the Campaign has ended. For Campaign Owners participating in programs with our retail partners, failure to ship orders to USCROWDFUNDING Contributors first may result in removal from such retail partnership programs.
Campaign Owners will respond promptly and truthfully to all questions posed to them by USCROWDFUNDING or any Contributor. Campaign Owners will provide timely, frequent and substantive updates to their Contributors. If any Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions.
Your location as reflected on your Campaign page must match your legal residence that you submit to USCROWDFUNDING when you create the Campaign. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in USCROWDFUNDING removing the Campaign(s) from USCROWDFUNDING, and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds. USCROWDFUNDING will not be required to disburse Campaign funds to any third parties.
USCROWDFUNDING may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to USCROWDFUNDING’s review of the fulfillment status of prior crowdfunding obligations. USCROWDFUNDING reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior crowdfunding project on USCROWDFUNDING or another platform.
If the amounts raised by a Campaign on USCROWDFUNDING exceed a certain threshold, and/or a Campaign has a high number of refunds or chargebacks (each as determined by USCROWDFUNDING in its sole discretion), USCROWDFUNDING may withhold a percentage of the Campaign funds for period of time as determined by USCROWDFUNDING in its discretion and in accordance with Campaign reviews. USCROWDFUNDING will manage all refunds during this time.
You acknowledge that as a Campaign Owner, if you do not act in accordance with USCROWDFUNDING’s Terms, USCROWDFUNDING may obtain reimbursement of any amounts owed by a Campaign Owner to USCROWDFUNDING by holding funds from your Campaign, or from the connected Stripe or bank account associated with your Campaign, or by seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections services.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. USCROWDFUNDING does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. USCROWDFUNDING does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressely indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the “Service Fees”). By using the Services Users agree to our Service Fees listed here http://go.USCROWDFUNDING.com/pricing-fees. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Contributors may request a refund from USCROWDFUNDING before the end of a Campaign. For Campaigns that have entered the InDemand program, Contributors may request a refund from USCROWDFUNDING within 10 days of the contribution. To process your refund please follow these steps.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. USCROWDFUNDING will 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. USCROWDFUNDING will provide Campaign Owners with a tax document if required by the relevant taxing authorities.
A Campaign Owner whose Campaign meets its funding goal may elect to continue raising funds after the Campaign ends by participating in the InDemand program (“InDemand”). More details about InDemand and how Campaign Owners can opt in can be found in the InDemand FAQ. All USCROWDFUNDING fees and payment options will remain the same; provided that, payment disbursements will be made on a four (4) week cycle. All terms and conditions that apply to Campaigns shall continue to apply once a Campaign enters InDemand. Campaign Owners that have Perks in InDemand will not link to or promote an alternative service or website for contributions or pre-orders within their InDemand pages. USCROWDFUNDING may remove a Campaign from InDemand if Perks have not been fulfilled within three (3) months after the estimated delivery date, or if the fulfillment of Perks is delayed indefinitely.
Generosity.com is USCROWDFUNDING’s hub for Campaigns related to personal life events, nonprofits and other cause-related fundraising. Users may establish Campaigns on Generosity.com as Campaign Owners, provided that the intent of any such Campaign must be to impact the life of an individual person or charitable organization, or another cause-related initiative. Each Generosity.com Campaign Owner acknowledges and understands that USCROWDFUNDING may request additional information as reasonably necessary (as determined in the sole discretion of USCROWDFUNDING) to verify or confirm that the Campaign Owner is authorized on behalf of the applicable Generosity.com Campaign beneficiary to raise funds in connection with the applicable Generosity.com Campaign. If USCROWDFUNDING determines in its sole discretion that a Campaign does not belong on Generosity.com, then it may relocate such Campaign to USCROWDFUNDING.com, or take other action as appropriate.
Users may create a “Partner Page” on USCROWDFUNDING’s website to link their brand with one or more Campaigns. If Users create a Partner Page, Users also agree to the Partner Terms.
USCROWDFUNDING has partnered with third parties who may provide certification, products or other services to Campaign Owners (“Providers”). USCROWDFUNDING does not guarantee, and disclaims all liability in connection with, the performance of such Providers. Neither USCROWDFUNDING nor the Providers give any assurance that a Campaign will meet all of its obligations or provide the product or services that it promises to its backers, and shall not be responsible for a Campaign’s ability to perform or for any claim or injury resulting in any way from a Campaign’s products or services.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content”). Users grant USCROWDFUNDING a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and USCROWDFUNDING, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion”) on the Services without USCROWDFUNDING’s prior written permission (which may be granted or withheld by USCROWDFUNDING in its sole and absolute discretion). Campaign Owners may request permission from USCROWDFUNDING by sending an email to promotions@USCROWDFUNDING.com. Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that: (a) such Campaign Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) USCROWDFUNDING does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases USCROWDFUNDING from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Campaign Owner and not to USCROWDFUNDING.
Third-Party Websites, Advertisers or Services
Campaigner Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Campaign Owners on USCROWDFUNDING are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By continuing to operate as a Campaign Owner on USCROWDFUNDING, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to USCROWDFUNDING enabling credit card payment processing services through Stripe, you agree to provide USCROWDFUNDING accurate and complete information about you and your business, and you authorize USCROWDFUNDING to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
If a chargeback is filed for a contribution to a Campaign on USCROWDFUNDING, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify USCROWDFUNDING of the chargeback. USCROWDFUNDING may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies USCROWDFUNDING through the payment processor, USCROWDFUNDING will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Campaign Owner.
If the disputed transaction has already been disbursed to the Campaign Owner and the Campaign is in InDemand, USCROWDFUNDING will hold funds from the Campaign’s disbursement(s) to cover the cost of the chargeback. Once notified of the financial institution’s decision, USCROWDFUNDING will take appropriate the action as specified above.
For more information, please see this article.
By using our Services, you acknowledge that USCROWDFUNDING reserves the right to attempt to recover or hold funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, a Campaign Owner does not act in accordance with USCROWDFUNDING’s Terms, or other situations resulting in negative balances.
We may obtain reimbursement of any amounts owed by a Campaign Owner to USCROWDFUNDING by holding funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, or seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.
Each User agrees to defend, indemnify and hold harmless USCROWDFUNDING, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. USCROWDFUNDING may assume the exclusive defense and control of any matter for which Users have agreed to indemnify USCROWDFUNDING and each User agrees to assist and cooperate with USCROWDFUNDING in the defense or settlement of any such matters.
USCROWDFUNDING has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Waiver and Release
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
USCROWDFUNDING (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO USCROWDFUNDING FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF USCROWDFUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow USCROWDFUNDING to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then USCROWDFUNDING’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, USCROWDFUNDING does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by USCROWDFUNDING without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but USCROWDFUNDING may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in California (the principal place of business and corporate headquarters of USCROWDFUNDING); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over USCROWDFUNDING, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
USCROWDFUNDING and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. USCROWDFUNDING and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that USCROWDFUNDING asserts against User, and that User asserts against USCROWDFUNDING, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against USCROWDFUNDING or a related party, a User must send a letter requesting arbitration and describing the claim to USCROWDFUNDING’s registered agent, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833-3502. The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. USCROWDFUNDING will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. San Francisco, California is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City and County of San Francisco, California. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the nonprevailing party all of its reasonable attorneys’ fees and costs.
Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. USCROWDFUNDING merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
USCROWDFUNDING makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree USCROWDFUNDING may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by USCROWDFUNDING or its Users might be similar or even identical to a submission received by USCROWDFUNDING or its Users. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the USCROWDFUNDING platform or to USCROWDFUNDING about an existing product or service on, or a feature of, or a proposed addition to, the USCROWDFUNDING platform.
With regard to User submissions:
(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
(2) USCROWDFUNDING and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) USCROWDFUNDING and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and USCROWDFUNDING regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. USCROWDFUNDING’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
USCROWDFUNDING may alter the Terms at any time, so please review them frequently. If a material change is made, USCROWDFUNDING may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at USCROWDFUNDING’s sole discretion, in good faith, and using common sense and reasonable judgment.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the “DMCA”) or that any User Content infringes such User’s intellectual property rights and is accessible the Services, please notify USCROWDFUNDING’s Legal Department at copyright@USCROWDFUNDING.com. “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the “Complainant”) must provide the following information in writing (the “Notice of Infringement”):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
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 USCROWDFUNDING to locate the material.
information reasonably sufficient to permit USCROWDFUNDING to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the USCROWDFUNDING DMCA agent (the “DMCA Agent”) by mail and email to the following addresses:
Attention: DMCA agent
965 Mission Street, 7th Floor
San Francisco, CA 94103-2921
Telephone & Fax: 866-641-4646
If any User (the “Respondent”) believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the “Counter Notice”) with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
a physical or electronic signature of the Respondent;
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;
a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that USCROWDFUNDING, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
USCROWDFUNDING WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, USCROWDFUNDING has adopted a policy of terminating, in appropriate circumstances and at USCROWDFUNDING’s sole discretion, repeat infringers.
All subpoenas must be properly served on USCROWDFUNDING, preferably by mailing the subpoena to Corporation Service Company, our nation registered agent. Please find below the California address for Corporation Service Company:
Corporation Service Company
2710 Gateway Oaks Drive, Suite 150N
Sacramento, California 95833-3502
Attention: USCROWDFUNDING, Inc. – Subpoena
USCROWDFUNDING does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
965 Mission Street
San Francisco, California 94103
Attention: Legal Department
Updates To This Agreement
January 18, 2008: We added prohibitions on false Project information in “Posting a Project,” expanded and clarified the Fundraising Rules in “Project Fundraising,” added the section “Funding Accounts,” explained that USCROWDFUNDING is not responsible for Perks and modified the language relating to tax treatment of Contributions in “Contributing to a Project,” and stated again that you must have the rights to post User Content in “User Content.”
February 6, 2008: We added the following clarification to the section titled “Contributing to Projects”: “You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Entity 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. You further understand that nothing in this Agreement or otherwise limits USCROWDFUNDING’s right to enter into agreements or business relationships relating to Projects.”
October 6, 2008: We revised the “Project Fundraising” and “Contributing to Projects” sections to state that when a Project does not meet its Campaign Goal, a contributor’s options are to make the Contribution to the Project anyway, or have the Contribution returned to the Contributor’s Funding Account, and to include an acknowledgment requirement for funded projects.
November 21, 2008: We revised the “Project Fundraising” and “Contributing to Projects” sections to reflect the use of a third-party payment processor to handle Contribution transactions.
May 7, 2009: We added the following clarification to “Project Fundraising” section: “Unless automated by the Processor, Project Funding will be disbursed from the Funding Account to the Project Entity’s bank account according to the Project’s disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will take place on the Friday immediately following the point the disbursement preference criteria are met.”
August 3, 2009: We revised the “Project Fundraising” section to clarify that the funding goal did not have to be the amount of contributions the project owner is looking to raise by the service in total but rather the amount needed to cover a specific phase of the project. We also clarified that 3rd party processing fees are removed from Project Funding upon disbursement.
September 9, 2009: We revised the “Use of Our Service” section to include content creators as well as the “Project Fundraising” section to clarify a project’s acknowledgement requirements if it’s successful with fundraising.
April 21, 2010: We revised the “Project Fundraising” section to reflect the introduction of cash rewards for achieving campaign goals and deadlines.
May 6, 2010: We added the “You may not use the Service for activities that” statement to the “Use of Our Service” section.
March 5, 2012: We revised the “Project Fundraising” section to reflect the latest processing times for fund transfers.
July 24, 2012: We revised the “Use of Our Service” section to remove that statement that did not permit people from using our site for the sale of certain items before the seller has control or possession of the item.
March 5, 2013: Second Sentence of first paragraph under Limitation of Liability was replaced with “USCROWDFUNDING will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement.” to correct a scrivener’s error and conform with the clear language of the immediately following paragraph.
August 7, 2014: We revised the “Prohibited Perks” section to clarify alcohol related vouchers and air transportation as Perks, and made other conforming changes.
May 21, 2015: We revised the “Campaign Owners” section to clarify promotion of Perks in InDemand.
June 8, 2015: We added a “Prohibited Visual Elements” section to clarify prohibited elements in Campaign images.
June 25, 2015: We added an “InDemand” section to clarify the InDemand program.
July 1, 2015: We updated the “Payment Services” section to reflect our most current payment services practices.
September 1, 2015: We updated the “Refunds”, “Disputes between Campaign Owners and Contributors”, “InDemand”, and “Payment Services” sections to reflect our most current practices.
December 2, 2015: We posted updated language in the “Generosity.com” section to outline Campaign Owner responsibilities.
January 12, 2016: We clarified eligibility criteria to run a campaign on USCROWDFUNDING and updated language in our refund and arbitration processes.
April 13, 2016: We updated the “Unsolicited Idea Submissions” section to clarify the rights and responsibilities of USCROWDFUNDING and its Users regarding such submissions.
October 14, 2016: We updated the “Payments Services” section to include information and reflect our policy on chargebacks and recovering funds. We also updated our prohibited perks policy to include human remains.
December 6, 2016: We updated our “Campaign Owners” section about Campaign Owner responsibilities, including requirements to (1) provide frequent updates, (2) certify that the physical location of the Campaign Owner matches the legal residence submitted to USCROWDFUNDING, and (3) fulfill any outstanding Campaigns prior to the creation of any new Campaigns. We updated our “Recovering Funds” section about recovering Campaign funds, including the right to recover or hold Campaign funds, and the right to use third party collections services. We reiterated our policy under that the Campaign Owner shall be the sole Campaign funds recipient, and may not use false email addresses to self-fund, or contribute to, their own Campaigns. And we clarified our policy under “License to Users and Use of USCROWDFUNDING Trademarks” on the use of USCROWDFUNDING’s registered trademarks.
May 15, 2017: We updated the Campaign Owner section regarding holding funds.
May 18th, 2017: We update the Partners section.