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Terms of Use

 

  1. Welcome to fundBLACKfounders!

This page explains fundBLACKfounders’s terms of use. When you use fundBLACKfounders, you acknowledging the rules on this page.  We’ve tried to keep it simple, but some of our rules are communicated in legal language.

Welcome to fundBLACKfounders. By utilizing this website (the “Site”) and services (together with the Site, the “Services”) offered by fundBLACKfounders and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “fundBLACKfounders,” “we,” or “us”), you’re consenting to these legally binding rules (the “Terms”). You’re also choosing to consent to our Privacy Policy and Cookie Policy, and agree to follow any other rules on the Site, such as our Community Guidelines and rules for starting campaigns.

Things are always changing, so we may amend these terms from time to time. If we do, then we’ll make sure to notify you of any substantial changes, either via the Site or by email.  Any amendments won’t be implemented retroactively – we’ll let you know the specific date that these amendments will apply. If you choose to keep using fundBLACKfounders after a change, that means you accept the new terms.

fundBLACKfounders is for your personal, non-commercial use, except as explained in section 4 and section 5 below.

  1. Creating an Account

To sign up for a fundBLACKfounders account, you must be 18 or over. You’re liable for your account and all the activity on it.

You can browse fundBLACKfounders without registering for an account, but to utilize some of fundBLACKfounders’s services, you have to register, choose a username, and set a password.

The information you give us has to be accurate and comprehensive. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you notice that someone has used your account without your authorization, report it to info@fundblackfounders.com.

To sign up for an account, you must be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may request proof of age.

  1. Things You Definitely Shouldn’t Do

This section is a list of things you know you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s networks, etc. Please behave yourself. Don’t do this stuff.

Every person who uses fundBLACKfounders is expected to behave responsibly and keep fundBLACKfounders a respectable place.

Don’t do any of the following on the Site:

    • Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
    • Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
    • Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of fundBLACKfounders’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
    • Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
    • Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
    • Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to fundBLACKfounders or another party).
  • Don’t abuse other users’ personal information. When you use fundBLACKfounders — and especially if you create a successful campaign — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a fundBLACKfounders campaign: don’t use it for other purposes, and don’t abuse it.

We also need to make sure that the Site is protected and our systems operate properly. So don’t do any of these things — please “don’t mess with our system.”

    • Don’t try to interfere with the proper workings of the Services.
    • Don’t bypass any measures we’ve put in place to secure the Services.
    • Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to fundBLACKfounders or another party.
    • Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
    • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
  • Don’t take apart or reverse engineer any aspect of fundBLACKfounders in an effort to access things like source code, underlying ideas, or algorithms.
  1. How Campaigns Work

Most of our Terms of Use explain your relationship with fundBLACKfounders. This section is different — it explains the relationship between founders and funders of fundBLACKfounders campaigns, and who’s responsible for what.

This is what you’re agreeing to when you create or back a fundBLACKfounders campaign.

fundBLACKfounders provides a funding platform for ventures by black female founders. When a founder posts a campaign on fundBLACKfounders, they’re inviting other people to form a contract with them. Anyone who backs a campaign is accepting the founder’s offer and forming that contract.

fundBLACKfounders is not a part of this contract — the contract is a direct legal agreement between founders and their funders. Here are the terms that govern that agreement:

When a campaign is supported,  the founder must complete the campaign and fulfill each reward. Once a founder has done so, they’ve satisfied their obligation to their funders.

Throughout the process, founders owe their funders a high standard of effort, honest communication, and a dedication to bringing the campaign to life. At the same time, funders must understand that when they back a campaign, they are voluntarily making a contribution and at their sole discretion and risk.  

fundBLACKfounders is a Flexible Funding platform which means you will be charged immediately for your pledge, and the Founder will receive their funds, minus fees, on a weekly or monthly basis, pending the campaign settings that fundBLACKfounders assigns to the Campaign Owner.

The founder is solely responsible for fulfilling the promises made in their campaign. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by funders.

Estimated delivery dates of rewards set by Campaign Owners are the estimate of the Campaign Owner – not fundBLACKfounders. Also, Campaign Owners may need to email you questions about your reward, such as your mailing address or t-shirt size. By backing a campaign, you are opting into email communications from fundBLACKfounders and the Campaign Owner.

  1. How Funding Works

This section goes over the details of backing and creating campaigns — things like how money gets collected, whether pledges can be changed or canceled, and how founders can contact funders to provide rewards.

These are the terms that apply when you’re backing a campaign:

    • You are charged immediately for your pledge.  We are a flexible funding crowdfunding platform, this means you’ll provide your payment information when you pledge and will be charged. The exact amount you pledged is the amount fundBLACKfounders will collect.
    • You can’t change or cancel your pledge, but are welcome to contribute more than once.
    • The Estimated Delivery Date is the founder’s estimate. The date listed on each reward is the founder’s estimate of when they will provide the reward — not a guarantee to fulfill by that date. The schedule may change as the founder works on the campaign. We ask founders to think carefully, set a date they feel confident they can work toward and communicate with funders about any changes.
    • The founder may need to send you questions about your reward. To deliver rewards, the founder might need information from you, like your mailing address or t-shirt size.  To receive the reward, you’ll need to provide the information in a reasonable amount of time. Founders should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at info@fundblackfounders.com if you receive a request for information that seems inappropriate or excessive. By backing a campaign, you are opting into email communications from fundBLACKfounders and the founder.
  • fundBLACKfounders doesn’t offer refunds. Responsibility for fulfilling rewards lies entirely with the founder. fundBLACKfounders doesn’t hold funds on founders’ behalf, cannot guarantee founders’ work, and does not offer refunds.

These are the terms that apply when you’re creating a campaign:

    • You can refund individual pledges if you want.  You can refund a funder’s pledge at any time. If you do, you have no further obligation to that specific funder, and no agreement exists between you.
    • We’ll charge our fees before putting funds in your account. fundBLACKfounders and its payment partners will subtract fees before transmitting the proceeds of a campaign.
    • You recognize, consent and acknowledge. Some monetary pledges from funders may not be secured and may lessen the total funding you get. An example is if a funder’s credit card expires before funding ends, and they don’t provide updated information – we can’t guarantee that the amount of funding you receive will be precisely equal to the full amount pledged minus fees.
  • Don’t count your chickens before they hatch. Don’t make the assumption that you’ll launch your campaign when you want; there are potential reasons we may not be able to accept it or an issue that may take us time to correct. Don’t assume you’ll be able to promptly collect your funding; there may be a delay between the end of a successful campaign and your ability to access your funds.  Make sure you have the ability to withdraw the money pledged to you before making any plans towards allocation.
  1. Prohibited Rewards & Campaigns

    • Campaigns on fundBLACKfounders should not be established for illegal activities, intended to cause damage to any person or property, or as a means to scam others. It is the sole responsibility and liability of the founder to adhere to all applicable laws and regulations in connection with their campaigns, and founders should not make any false or misleading statements in connection with their campaign.
  • The following rewards are not permitted in campaigns on our site:
      • any form of “security” as defined in the Securities Act of 1933
      • any form of financial incentive or participation in any profit-sharing
      • any alcoholic consumer products
      • any controlled substance or drug paraphernalia
      • any weapons, ammunition and related accessories
      • any form of lottery or gambling
      • any form of air transportation
    • any items or services promoting hate, discrimination, death, personal injury, destruction to person or property; any items or services that are prohibited by applicable law to do, possess, or distribute; any items or services that would result in infringement or violation of another person’s rights if distributed.
  1. Stuff We Don’t Do and Aren’t Responsible For

We don’t oversee campaigns’ performance, and we don’t mediate disputes between users.

fundBLACKfounders isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of campaigns, and we don’t endorse any content users submit to the Site. When you use the Services, you release fundBLACKfounders 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 Services. All the content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

  1. Our Fees

Our fees (and partner fees) is only charged once someone pledges money to your campaign. We charge 5%, in addition to any fees from our payments partners.

Creating an account on fundBLACKfounders is free. If someone pledges money to your campaign, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location.

We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by funders are collected by payment providers. Each payment provider is its own company, and fundBLACKfounders isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of fundBLACKfounders.

  1. Other Websites

If you follow a link to another website, what happens there is between you and them — not us.

fundBLACKfounders may contain links to other websites. (For instance, campaign pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

fundBLACKfounders partners with other companies (such as Stripe) for payment processing. When you back or create a campaign, you’re also agreeing to the payment processor’s terms of service.

  1. Your Intellectual Property

We don’t own the stuff you post on fundBLACKfounders. But when you post it, you’re giving us permission to use or copy it however we need in order to run the site or show people what’s happening on it. (We generally just use this to promote campaigns and showcase our community on the website.) You’re responsible for the content you post, and you’re vouching to us that it’s all okay to use.

fundBLACKfounders doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a campaign for review or launch a campaign, you agree to these terms:

    • We can use the content you submit. You allow us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
    • When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete or translate any of your Content.
    • You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content 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 fundBLACKfounders all the license rights outlined here).
    • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on fundBLACKfounders’s hosting of that Content.
    • You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If fundBLACKfounders or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this 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.
    • You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the specific content originated.
  • We’re not responsible for mistakes in your content. fundBLACKfounders will not be liable for any errors or omissions in any content.
  1. fundBLACKfounders’s Intellectual Property

The content on fundBLACKfounders is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.

fundBLACKfounders’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

fundBLACKfounders grants you a license to reproduce content from the Services for personal use only. This license covers both fundBLACKfounders’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from fundBLACKfounders or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

  1. How We Deal with Copyright Issues

We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, read our Copyright Policy.

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. fundBLACKfounders complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:

fundBLACKfounders

Attn: Copyright Agent

222 Broadway, Ste. 2426

New York, NY 10038

info@fundblackfounders.com

  1. Deleting Your Account

You can delete your account at any time. Deleting your account won’t automatically make some content you’ve already posted go away.

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this Agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a campaign, deleting your account will not automatically remove the campaign from the Site.)

You can contact us at info@fundblackfounders.com for additional information or to request campaign page deletion (this is not available in all circumstances).

  1. Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.

fundBLACKfounders reserves these rights:

    • We can make changes to the fundBLACKfounders Site and Services without notice or liability.
    • We have the right to decide who’s eligible to use fundBLACKfounders. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use fundBLACKfounders in that jurisdiction.
    • We have the right to cancel any pledge to any campaign, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.

fundBLACKfounders 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.

  1. Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

fundBLACKfounders SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM fundBLACKfounders SHALL CREATE ANY WARRANTY.

  1. Indemnification

If you do something on fundBLACKfounders that winds up getting us sued, you have to help defend us.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of fundBLACKfounders. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

  1. Limitation of Liability

If something bad happens as a result of your using fundBLACKfounders, we’re not liable (beyond a small amount).

To the fullest extent permitted by law, in no event will fundBLACKfounders, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall fundBLACKfounders’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

  1. Dispute Resolution and Governing Law

We’re located in New York, and any disputes with us have to be handled in New York under New York State law.

We at fundBLACKfounders encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that fundBLACKfounders and its Services are deemed a passive website that does not give rise to jurisdiction over fundBLACKfounders or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. 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 fundBLACKfounders, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

  1. The Rest

These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using fundBLACKfounders!

These Terms and the other material referenced in them are the entire agreement between you and fundBLACKfounders with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and fundBLACKfounders with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or fundBLACKfounders to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get fundBLACKfounders’s prior written consent. fundBLACKfounders has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. fundBLACKfounders will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

END

These terms will go into effect on April 15th, 2019, at 12 a.m. Eastern Time, and apply to all campaigns launched on fundBLACKfounders on or after that date.