Using the crowdfundersclub you agree to all the rules contained therein.
We may periodically change these terms. In this case, we will notify you of any material changes either through a notification on the website or by email. The new versions of the conditions will never apply retroactively, so we will notify you of their exact date of entry into force. If you continue to use Thecrowdfundersclub after a change, it means that you accept the new conditions.
Thecrowdfundersclub is intended for personal, noncommercial use, except in cases specified in Section 4 and Section 5 below.
2. Create an account
You can browse Thecrowdfundersclub without registration. However, to use some functions of Thecrowdfundersclub, you must create an account, select your account name and set a password. The information you provide when creating your account must be accurate and complete. Do not substitute another person or healthy infringement of their rights. If you do not follow these rules, we may have to cancel your account.
You are responsible for all activities related to your account and you must ensure to maintain the confidentiality of your password. If you discover that a third party has used your account without your permission, you must report it to support@Thecrowdfundersclub.com.
To register, you must be 18 years old or have the minimum age required to enter into a contract which binds the parties in your country of residence. We may ask you to prove your age if necessary.
3. Limitations of Use
Millions of people are likely to use Thecrowdfundersclub.
Do not do anything which might prejudice the rights of others, break the law, violate your legal or contractual obligations towards anyone.
Do not post information that you know false, misleading or inaccurate. Do not act deceptively or fraudulently.
Do not submit prohibited goods. Do not offer counterparties that are illegal, violate the policies, rules or rules of conduct Thecrowdfundersclub or laws, texts, applicable ordinances or regulations.
Do not harass other users. Do not act in a threatening, abusive, harassing, defamatory, obscene, or invasive of another’s privacy.
Do not send spam. Do not post advertisements or promotional content unsolicited or unauthorized, or junk email, spam or chains. Do not use e-mail lists, mailing lists or list type autoresponder or junk mail on or through the Site.
Do not use the confidential information of other users inappropriately. When using Thecrowdfundersclub, especially if you create a project funded, you may need to receive information on other users, including their name, email address and postal address. This information is provided in order to participate in a project Thecrowdfundersclub: do not use for other purposes and do not overdo it.
Do not attempt to interfere with proper operation of the Services.
Do not bypass the measures we have in place to secure services.
Do not attempt to damage or access by unauthorized manner to a system, data, password or other information of any kind belonging to Thecrowdfundersclub or a third party.
4. Operation of projects
Thecrowdfundersclub provides a crowdfunding platform for innovative technology projects. Any publication of a project on Thecrowdfundersclub is validated following the verification of the feasibility of its financial and technical consistency with internal services Thecrowdfundersclub.
And the authorized project leader invites others to enter into a contract with him. Anyone who supports a project accepts the offer of the creator and the contract concluded with him.
Thecrowdfundersclub not participating in the said contract. The contract is a direct legal agreement between the creator and contributor. The following conditions govern the agreement:
When a project reaches its funding goal, the designer must keep its commitments to fulfill its obligations to contributors.
Throughout the process, designers must ensure their maximum efforts contributors, honest communication and the will to carry out the project. At the same time, contributors should understand that when supporting a project, they help to create new, they do not order something existing. There may be changes or delays, and it is possible that unforeseen prevents the designer to complete his project as promised.
If a designer is unable to complete the project and to keep its promises, it has not fulfilled its obligations under the agreement. He must use all reasonable efforts to find another way to bring the project to completion in the best way possible for its contributors. A creator who is in this position is deemed to remedy the situation and to fulfill its obligations to contributors only if:
he published a news to explain the work that was done, how the funds were used and what prevents him from completing the project as planned;
he worked assiduously and in good faith to carry out the project in the best way possible and within it communicates contributors;
it is able to demonstrate that it has used the funds appropriately and has implemented all reasonable efforts to complete the project as promised;
it’s honesty and does not have the facts erroneously in his communications to contributors; and
he intends to return the remaining funds to contributors who have not received their counterparty (in proportion to the amounts financed) or how these funds will be used to complete the project differently.
The creator is solely responsible for the promises made in the framework of its project. If he is not able to meet the terms of the agreement, it may be sued by the contributors.
5. Operation of the crowdfunding.
The following conditions apply when you support a project:
You are charged only if the project reaches its funding goal. You must provide your payment information when you sign up, but you are not charged. You will be charged only if the project funding deadline, the project reached its funding goal. The exact amount you have committed is the amount that will be charged Thecrowdfundersclub. If the campaign has not reached its funding goal, you will not be charged, the funds will not be collected and there will be no transfer of money.
In some cases, you will have provisioned your card. Thecrowdfundersclub and payment processing partners can allow or withhold an amount on your credit card (or other payment method you use) up to the total commitment at any time between commitment and fundraising.
You can change or cancel your pledge at any time before the project funding deadline, with one exception. You can increase, decrease or cancel your pledge at any time during the campaign, with one exception. Over the last 48 hours of the campaign, you can not reduce or cancel your commitment without first contacting customer service if your operation dropped the project short of its fundraising goal. Once the project is funded, you can cancel or change your involvement in negotiating directly with the creator.
The expected delivery date is an estimate of the creator. The date on each counterparty is an estimate by the creator of the date on which it will send the consideration and not the guarantee that he will keep his promises on that date. The time can evolve gradually as the creator working on the project. We ask the creators to think carefully and to set a date certain that they are able to honor and communicate any changes to the contributors.
It is possible that the designer may need to send you questions about your return. To send your contribution, it is possible that the creator needing to information such as your mailing address or size shirt. He will ask you this information after the successful campaign. To receive your return, you must provide this information within a reasonable time.
Thecrowdfundersclub does not offer refunds. The culmination of a project is the sole responsibility of the project creator. Thecrowdfundersclub does not hold funds on behalf of the Creator, does not guarantee a job creator and does not offer refunds.
The following conditions apply when you create a project:
You can repay the individual commitments if you wish. Once your project funded, you can cancel and refund the commitment of a contributor at any time. In this case, you no longer have obligations to that person and you are contracting it.
We will only charge our fees before depositing the funds into your account. Thecrowdfundersclub and payment processing partners will deduct a fee before transferring the sums due under a campaign.
Some contributions may be impossible to collect, which can reduce the amount of funding you get. Knowing that some payments may be impossible to collect, such as when the credit card of a contributor expires before the end of funding and it does not send its new payment information, we can not guarantee that the amount of funding you receive will be exactly equal to the total costs less commitments.
Do not take any commitment before the receipt of funds in your account.
6. Limitation of Liability.
Thecrowdfundersclub can in no way be held responsible for damages or losses relating to your use of the Services. We do not interfere in conflicts between users or between users and third parties regarding the use of the Services. We do not control performance or projects on time and we do not endorse the content of any kind that users publish on the Site. When using the Services, you release any Thecrowdfundersclub liability for claims, damages and demands of any nature whatsoever, known or unknown, suspected or not suspected, disclosed or undisclosed, arising out of or related in any way whether the said conflict and Services. The content you access through the Services is at your own risk. You are solely responsible for loss or damage suffered by a third party that result.
7. The costs of Thecrowdfundersclub.
Creating an account is free Thecrowdfundersclub. If you create a project that is funded, we (and our payment processing partners) deduct a fee. The costs of our partners may vary slightly depending on your country of residence.
We only charge you any fees without having previously given the opportunity to become acquainted with and accept. If we have to change our fees, we will announce it on our website. Some funds spent by contributors are collected by payment processing providers. Each provider acts in its own name and Thecrowdfundersclub is in no way responsible for its performance.
You owe additional taxes or fees associated (s) to your use of Thecrowdfundersclub.
8. Other websites.
Thecrowdfundersclub may contain links to other Web sites (eg, project pages, user profiles and comments can contain links to other sites). When you access third-party websites, you do so at your own risk. We do not control and do not endorse such sites.
Thecrowdfundersclub working with other companies to process payments. When you support or create a project, you also accept the conditions of service of the payment processing company.
9. Intellectual Property of the project leader.
The content you submit to us is not for us (your “Content”). However, we need certain licenses from you to deliver our services. When submitting a draft for review or start a project, you agree to the following conditions:
You authorize us to use the content you submit. You grant us and third parties acting on our behalf, international, non-exclusive, perpetual, irrevocable, royalty-free and can give rise to sublicense, to use, commercialize and exploit rights copyright, publicity, brand and database related to your content.
When we use your content, you authorize us to make changes (editing or translation, for example). You grant us the right to modify, reformat, extract, delete or translate any part of your Content.
You agree not to submit content that you do not own the copyright (unless you have permission). Your Content must not include content protected by copyrights of a third party or content subject to the proprietary rights of third parties unless the rightful owner of the content allows it or if you are legally allowed to share the content (and granted Thecrowdfundersclub all license rights described herein).
Any royalty or licensing that applies to your Content is your responsibility. You are liable for all fees and other amounts owed to any person or entity in connection with Your Content or accommodation of such Content by Thecrowdfundersclub.
You warrant that we use your Content, we do not carry infringement or copyright anyone. If Thecrowdfundersclub or users operate or use your presentation in accordance with this agreement, you certify that you will not wear affect the rights of a third party whatsoever, including privacy rights, publicity, copyright, contract or any other intellectual property or proprietary right.
You are responsible for the content that you post. All information submitted to the Site, whether publicly posted or privately transmitted, are the sole responsibility of the person from which they emanate.
We are not responsible for errors in your content. Thecrowdfundersclub is not responsible for any errors or omissions in any Content whatsoever.
10. Intellectual Property Thecrowdfundersclub.
The Thecrowdfundersclub services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets and other rights and laws. You agree to comply with all copyright notices and other legal notices, information and restrictions present in a content whatsoever that you access through the Site. You also agree not to modify or translate the Service or create derivative works of that service.
Thecrowdfundersclub grants you a license to reproduce the contents of the Service for your personal use only. This license covers both protected content specific to Thecrowdfundersclub and user-generated content on the Site. (This license is international, non-exclusive, non-transferable and can result in under license.) To use, reproduce, modify, distribute, or store some content whatsoever for commercial purposes, you must obtain prior written permission of Thecrowdfundersclub or the holder of the copyright in question. “For business purposes” means that you intend to use, sell, license, rent or use the content for commercial use in any way whatsoever.
11. Copyright Issues Regulations.
The Digital Millennium Copyright Act establishes a legal requirement system to handle claims of infringement of copyright. Thecrowdfundersclub complies with the DMCA and we are responding to reports of suspected violations if they comply with the law and the requirements outlined in our Copyright Policy. We reserve the right to remove or disable any suspected counterfeit content and terminate the accounts of repeat offenders belonging to users (if necessary in our sole discretion).
12. Termination of your account.
You may terminate your account at any time. All provisions of this Agreement shall survive the termination of an account, including our rights to the content whatsoever that you have already published on the Site. (For example, if you launch a project, the Deleting your account will not delete the project site.)
13. thecrowdfundersclub Rights.
Thecrowdfundersclub reserves the following rights:
We are entitled to make changes to the Site and Services Thecrowdfundersclub without notice or further obligation.
We are entitled to decide who qualifies for use Thecrowdfundersclub. We can cancel accounts or refuse to offer our services. We may change our eligibility criteria at any time. If such measures are prohibited by law in your country, we revoke your right to use Thecrowdfundersclub in that court.
We are entitled to cancel any involvement in a project of any kind, at any time and for any reason whatsoever.
We have the right to refuse, cancel, discontinue, remove or suspend any project whatsoever, at any time and for any reason whatsoever.
Thecrowdfundersclub can not be held liable for damages resulting from any of the above measures and it is our policy not to comment on the reasons for them.
14. Disclaimer of Warranties.
You use our services at your own risk. They are provided “as is” and “as available” without warranty of any kind, express or implied.
THECROWDFUNDERSCLUB MAKES NO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE OR INFORMATION OBTAINED (ORAL OR WRITTEN BY) TO THECROWDFUNDERSCLUB NOT CONSTITUTE WARRANTIES.
If your action causes proceedings against us or violates any provision of this Agreement, you agree to defend, indemnify and hold us harmless from any liability, particularly with regard to complaints and charges ( including reasonable legal costs and other legal fees) arising from or relating to your use or misuse of Thecrowdfundersclub. We reserve the right to ensure the exclusive defense and control of any matter relating to this indemnification clause, in which case you agree to cooperate and help us to assert all available defenses.
16. Limitation of Liability.
To the fullest extent permitted by law, in no event Thecrowdfundersclub, its directors, employees, partners, suppliers or content providers will not be liable for any indirect, punitive, special or exemplary damages whatsoever, including damages (i) arising out of your access to the Service, your use of the Services or your inability to access the Services or use; (Ii) related to a loss, loss of data or the cost of substitute goods or services; or (iii) related to third party content on the Site. In no event Thecrowdfundersclub not liable for direct damages exceeding the sum (aggregate) one hundred Euros (€ 100.00).
17. Dispute Resolution and Applicable Law.
In the unfortunate event of a lawsuit, these Conditions (and all rules, policies or rules of conduct attached for reference) are governed by and construed in accordance with French law, without regard to principles of conflict of laws and without application of UCITA law (Uniform Computer Information Transaction Act) or the United Nations Convention on contracts for the international sale of goods. You acknowledge that Thecrowdfundersclub and services are deemed a passive website that can give rise to a claim against Thecrowdfundersclub, its parents, subsidiaries, affiliates, employees, agents, directors, officers or shareholders, specifically or general, in a jurisdiction other than France. You agree that any action at law or in equity arising out of or relating to these Terms or your use or non-use of Thecrowdfundersclub, will be filed only in the French courts, and you hereby consent and submit to the exclusive jurisdiction said courts in order to bring such actions. Hereby irrevocably waive all rights you may argue for instituting a jury trial in connection with any action, suit or proceeding.
These Terms and the other referenced documents constitute the entire agreement between you and Thecrowdfundersclub on Services. They supersede all other communications and proposals (whether oral, written or electronic) between you and Thecrowdfundersclub about services and govern our future relationship. If any provision of these Terms is held invalid under the law, that provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of the Terms will remain in full force and effect. Failure on your part or on the part of Thecrowdfundersclub to the exercise of rights whatsoever stated in these Terms does not constitute a waiver of that right.
These Terms apply to you. You may not assign, transfer or grant sub sublicense without the prior written consent of Thecrowdfundersclub. Thecrowdfundersclub may assign, transfer or delegate its rights and obligations set forth in these Conditions without your consent. Thecrowdfundersclub will inform you by e-mail, mail or by posting a notice on our website visible.