Terms, Conditions and Project Rules
Summary of Service
Visionfunder is a platform where certain users ("Project Creators") run campaigns to fund creative projects by offering rewards to raise money from other users (“Rainmakers”). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Rainmakers, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.
Acceptance of Terms
The Service is available to individuals who are at least 13 years old with parental consent. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Rules and Conduct
* infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
* you know is false, misleading, or inaccurate;
* is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
* constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
* contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
* impersonates any person or entity, including any employee or representative of the Company.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (ii) remove or block any User or User Submission. VisionFunder reserves the right not to comment on the reasons for any of these actions.
Projects: Fundraising and Commerce
Visionfunder is a platform where Project Creators run campaigns to fund creative projects by offering rewards to raise money from Rainmakers. By backing or creating a fundraising campaign, you agree to be bound by this entire Agreement, including the following terms:
* Rainmakers agree to provide their payment information at the time they pledge to a campaign. The payment will be collected at or after the campaign deadline and only if the amount of money pledged as of the deadline is at least equal to the fundraising goal. The amount Rainmakers pledge is the amount they will be charged.
* Rainmakers consent to VisionFunder and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
* Rainmakers agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
* Rainmakers may increase, decrease, or cancel their pledge at any time during the fundraising campaign, except that they may not cancel or reduce their pledge if the campaign is in its final 24 hours and the cancellation or reduction would drop the campaign below its goal.
* The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
* Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
* For all campaigns, VisonFunder gives to the Project Creator each Rainmakers User ID and pledge amount. For successful campaigns, VisionFunder additionally gives to the Project Creator each Rainmakers name and email.
* For some rewards, the Project Creator needs further information from Rainmakers, such as a mailing address or t-shirt size, to enable the Project Creator to deliver the rewards. The Project Creator shall request the information at some point after the fundraising campaign is successful. To receive the reward, Rainmakers agree to provide the requested information to the Project Creator.
* VisionFunder does not offer refunds. A Project Creator is not required to grant a Rainmakers request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
* Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Rainmakers whose reward they do not or cannot fulfill.
* Project Creators may cancel or refund a Rainmakers’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
* Project Creators should not take any action in reliance on having the money pledged until they have the ability to withdraw and spend the money.
* Because of occasional failures of payments from Rainmakers, VisionFunder cannot guarantee the full receipt of the amount pledged minus fees.
* VisionFunder and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
* VisionFunder reserves the right to cancel a pledge at any time and for any reason.
* VisionFunder reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. VisionFunder is not liable for any damages as a result of any of those actions. VisionFunder’s policy is not to comment on the reasons for any of those actions.
VisionFunder is not liable for any damages or loss incurred related to rewards or any other use of the Service. All dealings are solely between Users. VisionFunder is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. VisionFunder does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release VisionFunder, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
Fees and Payments
Joining VisionFunder is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.
Funds pledged by Backers are collected by Amazon Payments. VisionFunder is not responsible for the performance of Amazon Payments.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Intellectual Property of Users
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
* The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
* You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
* You grant to each User a non-exclusive license to access your User Submissions through 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.
* You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant VisionFunder all of the license rights granted herein.
* The use or other exploitation of User Submissions by the Company and Users 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.
1. The Project must fit within one of the categories set by VisionFunder.
2. VisionFunder may not be used to fund your personal life. E.g. paying college fees, buying personal electronics.
3. Absolutely no project that is pornographic, obscene, uses offensive language or promotes violence, hate or other social vice will be allowed to launch.
4. If your Project is successful you are required to fulfill all of the rewards promised to the rainmakers. If you do not or cannot fulfill the rewards you are required to offer them a refund.