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Crowdfunding Bum – Terms of Use

Welcome to the Crowdfunding Bum Website. Please read these terms and conditions carefully. By your use of this Website, you agree to be bound by and comply with the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this Website. If you do not agree with these terms and conditions, please do not access or use this Website.

Description of Services

Our Website provides a platform by which a member (“Member”) can post a fundraising campaign in order to accept monetary donations from those users who wish to contribute funds to the campaign. Current categories for which a Member can post a fundraising campaign include community, gaming, design, music, education, small business, environment web/video, technology and film. These fundraising campaigns are not charities and Members therefore acknowledge and represent that donations to them are not tax deductible as charitable contributions for federal income tax purposes.

While we do not charge a fee for a Member to join or to set up their fundraising campaign, we do collect a fee of five percent (5%) of each donation that is contributed to your fundraising campaign and an additional amount shall be deducted from each donation equal to the Stripe and/or PayPal Adaptive gateway transaction fees. Donors acknowledge and agree that by making a contribution to a fundraising campaign, they are also agreeing to any and all applicable terms and conditions of third party payment processors.

Before a Member can post their own fundraising campaign, they must first make a donation to an existing Member’s or Members’ fundraising campaign equal to three percent (3%) of the amount of money that they wish to raise for their own fundraising campaign. Until such a donation is made, a Member will be unable to post their own fundraising campaign. Up until the time that a Member’s fundraising campaign becomes active, a Member can increase the amount of their donation to an existing Member’s or Members’ fundraising campaign in order to increase their own targeted fundraising goal. However, once a Member’s fundraising campaign is published and becomes active, the targeted fundraising goal cannot be changed.

Crowdfunding Bum merely provides a platform by which we facilitate a transaction between a Member and a donor. We are not a party to that transaction. We do not act as an agent, broker, financial institution, creditor or insurer of any party using our Website. Crowdfunding Bum has no control whatsoever over the conduct of, information provided by, or representations made by, any user of our Website and therefore do not guarantee the accuracy of such information. As such, Crowdfunding Bum does not guarantee that any particular fundraising campaign will receive a specific amount of donations, or even any donations at all, and is not in any way liable or responsible for the success, or outcome, of any fundraising campaign nor for anything that might be offered as an inducement to donate money to a fundraising campaign. Crowdfunding Bum does not endorse any fundraising campaign, and the publishing of a fundraising campaign on our Website shall not constitute an endorsement of that campaign. The donor is solely responsible for their decision to donate, and the amount of that donation, to any fundraising campaign.

Crowdfunding Bum does not, and has no responsibility to, verify any information provided or posted by a Member, nor does it guarantee that donated funds will be used as represented by a Member. Each Member warrants, represents and guarantees that (i) all information that they provide with respect to a fundraising campaign is accurate, complete, and not intended to deceive, defraud or mislead any donor; (ii) all money donated to your fundraising campaign shall be used as represented in your published information; (iii) they will comply with all applicable local, state and federal laws; and (iv) all credit card or other means of payment information is current, complete and accurate and that you are authorized to use such form of payment. Crowdfunding Bum shall not be responsible for any actions or conduct of a user (either Member or donor) of this Website.

Donors will be required to register on our Website. At the time of registration, donors will be asked to provide their name, an email ID, and a password. Each donor warrants and represents that any and all information provided is current, complete and accurate and you guarantee the accuracy of such information including, but not limited to, all credit card or other means of payment information and your authorization to use such form of payment. You are responsible for protecting the confidentiality of your password and for all activities that occur under that password on our Website.

Disclaimer of Warranty

ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. AS SUCH, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SUBJECT TO THE FOREGOING, CROWDFUNDING BUM DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. CROWDFUNDING BUM MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. CROWDFUNDING BUM DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM CROWDFUNDING BUM WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. CROWDFUNDING BUM MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE. CROWDFUNDING BUM DOES NOT WARRANT, GUARANTEE OR ENSURE THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY ANY AFFILIATE OR MERCHANT.

THIS DISCLAIMER BY CROWDFUNDING BUM IN NO WAY AFFECTS THE TERMS OF ANY MANUFACTURER’S OR THIRD PARTY SELLER’S WARRANTY, IF ANY, RELATED TO THE GOODS PURCHASED VIA THIS WEBSITE. TITLE TO GOODS AND MERCHANDISE IS RETAINED BY THE SELLER UNTIL THE GOODS AND MERCHANDISE ARE PAID FOR BY THE PURCHASER, AT WHICH TIME TITLE PASSES TO THE PURCHASER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE STATE OF NEW JERSEY, NEITHER CROWDFUNDING BUM NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, ACCESS TO, RELIANCE ON, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF CROWDFUNDING BUM IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE. YOU SHALL HAVE NO RIGHT OR AUTHORITY TO HAVE ANY CLAIMS LITIGATED ON A CLASS ACTION BASIS (AS A CLASS MEMBER, CLASS REPRESENTATIVE, OR OTHERWISE) NOR SHALL YOUR CLAIM BE JOINED WITH OTHER CLAIMS.

Trademarks and Copyrights

You agree that all content appearing on this Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of Crowdfunding Bum or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Crowdfunding Bum and protected by United States and international laws. All software used on this site is the property of Crowdfunding Bum or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the Crowdfunding Bum Website for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.

Crowdfunding Bum does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of Crowdfunding Bum. Crowdfunding Bum prohibits the use of the Crowdfunding Bum’s logo or other proprietary graphics or trademarks as a link to any Website unless the creation of such a link is approved in advance, and in writing, by Crowdfunding Bum. Registered and unregistered proprietary information is owned and held by Crowdfunding Bum and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.

Crowdfunding Bum is a trademark or trade dress in the United States and/or other countries. Crowdfunding Bum’s trademarks and trade dress may not be used in connection with any product or service that is not Crowdfunding Bum’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Crowdfunding Bum. All other trademarks not owned by Crowdfunding Bum that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Crowdfunding Bum.

Third Party Websites

You agree that Crowdfunding Bum encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. Crowdfunding Bum and its affiliates make no representation or warranty about the legality of any third party Website, nor about its accuracy, content, products or services. Any such Website is independent from Crowdfunding Bum, and Crowdfunding Bum has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between Crowdfunding Bum and another Website further does not mean that Crowdfunding Bum endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. Crowdfunding Bum expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the Crowdfunding Bum domain.

Use Restrictions

You agree that you will not use this Website to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing Crowdfunding Bum’s name or any trademarks; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.

Confidential Information

You acknowledge that, as part of a transaction undertaken pursuant to this Website, you may have access to information including, but not limited to, intellectual property (including, without limitation, any information relating to improvements, methods and processes, know-how, concepts, designs, ideas, prototypes, models, samples, formulations, trademarks, trade names, writings, notes, collectively “Intellectual Property”), business information and plans, concepts and expressions, which are proprietary to and/or embody the substantial creative efforts of Crowdfunding Bum (collectively “Confidential Information”). You agree to maintain the Confidential Information in strict confidence and to protect the Confidential Information in the same manner that you protect your own proprietary and confidential information of like kind. You agree not to use, disclose, or permit any other person or entity access to the Confidential Information without the prior written consent of Crowdfunding Bum, and you shall be liable to Crowdfunding Bum for any such use, disclosure or access. As an exception to these obligations and not to be considered a breach of this Agreement, you may disclose the Confidential Information solely as necessary to comply with a legal order or governmental regulation, provided that you provide Crowdfunding Bum with sufficient prior notice and assistance to allow it to attempt to limit any such disclosure.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting to our Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. Crowdfunding Bum reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.

Termination of Use of This Website

You agree that any violation of these Terms and Conditions, the unauthorized use of this Website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. Crowdfunding Bum reserves the right to terminate or suspend your access to this Website and its content and use at any time, with or without notice, at Crowdfunding Bum’s discretion. Should your access to this Website be terminated, you are prohibited from accessing this Website under a new name unless expressly invited to do so by Crowdfunding Bum.

Product Descriptions

Crowdfunding Bum attempts to be as accurate as possible. However, Crowdfunding Bum does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error free.

Limited Availability and Price

The prices for our services are subject to change without notice. In the event a service is listed at an incorrect price due to a typographical error or an error in pricing information received from a third party, Crowdfunding Bum shall have the right to refuse or cancel any transaction listed at the incorrect price. Crowdfunding Bum shall have the right to limit the number of fundraising campaigns seeking donations through this Website. Crowdfunding Bum shall have the right to refuse or to cancel any fundraising campaign or donation.

Compliance and Suitability

Different jurisdictions have varying laws, codes and regulations governing the use of services for a particular purpose. Certain services may not be available in all locales. Crowdfunding Bum does not guarantee compliance or suitability of any of the fundraising campaigns published on its Website with any laws, codes or regulations, nor does it accept any responsibility for the use of any funds donated through its Website. It is your responsibility to review the fundraising campaign and all applicable laws, codes and regulations for each applicable jurisdiction in order ensure that it is compliant.

Revisions

Crowdfunding Bum may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. Crowdfunding Bum shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. Crowdfunding Bum also reserves the right to revise, at its sole and absolute discretion, the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing, purchasing or donating on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. If you do not accept these revisions to the Terms and Conditions, then you must immediately stop using this Website. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them. Any revisions to these Terms and Conditions will not apply retroactively to disputes arising prior to the adoption of the revisions.

Electronic Communications

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Consent

By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this Website.

Privacy Policy

The privacy of those who visit our Website is of primary concern to Crowdfunding Bum. We adhere to the highest ethical standards of the industry. By using this Website, you agree that you have reviewed and accepted our privacy policy. We automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our Website. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain or relationship with you.

Cookies

Crowdfunding Bum reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data that you choose to share with us, and are not used to store any personal information such as name, address or payment information.

Disclosure to Authorities

Crowdfunding Bum cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize Crowdfunding Bum to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose Crowdfunding Bum to legal liability.

Indemnification

You agree to indemnify, defend and hold harmless Crowdfunding Bum, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any of the aforementioned parties, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Website including, but not limited to, any misrepresentations, or inaccurate or unauthentic information, provided by you.

Enforceability, Governing Law and Jurisdiction

These Terms and Conditions constitute the entire agreement between you and Crowdfunding Bum. In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

Your access to and use of this Website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. Any action against Crowdfunding Bum arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in Kent County, State of Delaware. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Kent County, State of Delaware, for the adjudication of all claims by Crowdfunding Bum against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to Delaware law as the governing law and to the sole and exclusive venue being Kent County, Delaware. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services will constitute your consent to these terms.

Crowdfunding Bum’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Crowdfunding Bum in writing. You acknowledge and agree that you will not seek to litigate any claims against Crowdfunding Bum or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.

Limitations on Actions

Any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so shall permanently bar any cause of action that you may have.

Your Representations

You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.