Effective December 15, 2015
In these terms, we refer to those raising funds as "creators" and to their fundraising projects as "projects." We refer to those contributing funds as "fans" and to the funds they contribute as "contributions." Creators, fans and other visitors to the services are referred to collectively as "users."
Launchpad is an online fan funding venue for people and entities seeking to raise funds for their own projects and to contribute to the projects of others. Creators can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Rewards") to fans. Rewards are not offered for sale. Launchpad makes no representations about the quality, safety, morality or legality of any Project, reward or contribution or the truth or accuracy of user content (as defined below) posted on the services. Launchpad does not represent that creators will deliver rewards or that contributions will be used as described in the project. Users use the services at their own risk.
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. Launchpad reserves the right to refuse use of the services to anyone and to reject, cancel, interrupt, remove or suspend any project, contribution, or the services at any time for any reason without liability.
Creators are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Project 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 Projects, including offering rewards and using contributions. Creators shall not make any false or misleading statements in connection with their Projects.
Creators are not permitted to offer or provide any of the following as a Reward:
Launchpad is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam.
Launchpad reserves the right to remove Projects and terminate User Accounts for such activities.
Launchpad reserves the right to cancel any contribution to any project, at any time and for any reasonable cause. We have the right to reject, interrupt, remove, or suspend any project at any time and for any reason. Launchpad is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Creators are legally bound to perform on any promise and/or commitment to fans (including delivering any rewards). If a creator is unable to perform on any promise and/or commitment to fans, the creator will work with the fans to reach a mutually satisfactory resolution, which may include the issuance of a refund of contributions by the creator. Launchpad is under no obligation to become involved in disputes between creators and fans, or Users and any third party. In the event of any dispute, such as a creator's alleged failure to comply with the terms or alleged failure in fulfillment of a Reward, we may provide the creator's contact information to the Fan 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 Launchpad 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 Launchpad may reasonably request and to answer truthfully and completely any questions Launchpad might ask you in order to verify such User's identity. Launchpad can cancel accounts or decline to offer our Services at any time. Launchpad can change eligibility criteria at any time.
Launchpad 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.
Creators are permitted to offer rewards to fans. Creators are legally bound to perform on any promise and/or commitment to fans (including delivering any rewards). Creators will respond promptly and truthfully to all questions posed to them by Launchpad or any Fan. If any creator is unable to fulfill any of its commitments to fans (including delivering any rewards), the creator will work with the fans to reach a mutually satisfactory resolution, which may include refunding their contributions. Creators will comply with all applicable laws and regulations in the use of contributions and delivery of rewards. Creators are responsible for collecting and remitting any taxes on contributions, and any taxes due in connection with rewards. Launchpad may attempt to verify the identity and other information provided to us by creators, 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.
Fans are solely responsible for asking questions and investigating creators and projects 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 Fan. Launchpad does not guarantee that contributions will be used as promised, that creators will deliver rewards, or that the Project will achieve its goals. Launchpad does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any project, reward or contribution, or the truth or accuracy of user content posted on the services. Fans are solely responsible for determining how to treat theircontributions and receipt of any rewards for tax purposes. If a contribution is returned to a Fan, the associated rewards, if any, shall be canceled.
Setting up an account on the services is free. We do not charge our service fees to fans. Unless otherwise expressely indicated on the services, we do charge our service fees to creators as a portion of the contributions they raise (the "Service Fees"). By using the services Users agree to our Service Fees listed here Fees. Changes to service fees are effective after we post notice of the changes on the services. Updated service fees are applied to projects launched after the notice is posted.
Contributions, including the service fees portion thereof, are not refundable. If a creator is unable to perform on any promise and/or commitment to fans (including delivering any rewards), the creator will work with the fans to reach a mutually satisfactory resolution, which may include the issuance of a refund of contributions by the creator.
Taxing authorities may classify funds raised on the services as taxable income to the creator and any beneficiary who will receive funds directly from the applicable project. Launchpad will ask for the tax identification number (TIN) of creators and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Launchpad will provide creators with a tax document if required by the relevant taxing authorities.
While using the services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant Launchpad 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 Launchpad, 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.
Creators may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion") on the services without Launchpad's prior written permission (which may be granted or withheld by Launchpad in its sole and absolute discretion). Creators may request permission from Launchpad by sending an email to support@FanFunded.com. Subject to and upon any such permission, each creator offering any promotion further acknowledges and agrees that: (a) such creator 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) Launchpad does not sponsor, endorse or administer the promotion; (ii) each participant or entrant in the promotion releases Launchpad from any and all liability; and (iii) all questions concerning the promotion must be directed to the creator and not to Launchpad.
If a creator's project is based in the United States and raises over $100,000 in U.S. dollars through credit card transactions, such a creator is a "sub-merchant" under our merchant services agreement with Vantiv LLC, and hereby agrees to the terms of Vantiv's merchant services agreement for sub-merchants. Creators that accept PayPal and fans that use PayPal in connection with a project acknowledge and agree to comply with PayPal’s crowdfunding and acceptable use policies. 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.
Each User agrees to defend, indemnify and hold harmless Launchpad, 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. Launchpad may assume the exclusive defense and control of any matter for which users have agreed to indemnify Launchpad and each user agrees to assist and cooperate with Launchpad in the defense or settlement of any such matters.
Launchpad 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.
For users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, New York residents must, as a condition of this agreement, waive the applicability of New York 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 New York Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Launchpad (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 Launchpad 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 Launchpad 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 Launchpad 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 Launchpad's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Launchpad 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 Launchpad without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any user's account. Users may terminate their account by following the instructions on the services, but Launchpad 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 New York (the principal place of business and corporate headquarters of Launchpad); and (b) the services shall be deemed a passive one that does not give rise to personal jurisdiction over Launchpad, either specific or general, in jurisdictions other than New York. This agreement shall be governed by the laws of the state of New York, without respect to its conflict of laws principles.
Each user agrees that any and all disputes or claims that have arisen or may arise between such user and Launchpad relating in any way to or arising out of this or previous versions of the terms or your use of or access to the services shall be resolved exclusively through final and binding arbitration, rather than in court, except that such user may assert claims in small claims court, if such user claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the terms as a court would. To begin an arbitration proceeding, a user must send a letter requesting arbitration and describing the claim to our registered agent, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, New York, New York 95833-3502. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including 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. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Launchpad will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. A user may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where such user lives or at another mutually agreed location. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, such user waive any right to a jury trial. User and Launchpad also both agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the city and county of New York, New York. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.
Creators 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. Launchpad merely provides a technology platform to allow creators to connect with fans. Users who access or use the services do so at their own volition and are entirely responsible for compliance with applicable law.
Launchpad makes no representations, warranties or other assertions as to the potential tax deductible status of any contribution by a fan to a charitable cause or to a project 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 Project is deemed to be in violation of Export Laws.
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 Launchpad 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.
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve the services. However, to avoid future misunderstandings when new products, services and features developed internally by Launchpad might be similar or even identical to a submission received by Launchpad, the following policy applies to all third party user submissions to Launchpad of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) Launchpad will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) Launchpad will not be liable for any use or disclosure of any submission; and (d) Launchpad shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
These terms are the entire agreement between each user and Launchpad 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. Launchpad's failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
Payment processing services for International Creators on Launchpad are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Creator on Launchpad, 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 of Launchpad enabling payment processing services through Stripe, you agree to provide Launchpad accurate and complete information about you and your business, and you authorize Launchpad to share it and transaction information related to your use of the payment processing services provided by Stripe.
Launchpad may alter the terms at any time, so please review them frequently. If a material change is made, Launchpad 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 Launchpad'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 Launchpad's Legal Department at email@example.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"):
The above information must be submitted to the Launchpad DMCA agent ("the DMCA Agent") by mail and email to the following addresses:
FanFunded, LLC Attention: DMCA agent 12 W 87th st 4C New York,NY 10024 Email: copyright@FanFunded.com
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:
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 Launchpad, 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.
Launchpad 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, Launchpad has adopted a policy of terminating, in appropriate circumstances and at Launchpad's sole discretion, repeat infringers.
FanFunded, LLC 12 W 87th st 4C New York, NY 10024 legal@FanFunded.com Attention: Legal Department