Last Updated: May 11, 2013 04:01PM UTC
FundAnything.com is owned by Crowdfund International, LLC, a Delaware limited liability company (hereinafter “FundAnything.com” or “Service”), and all references to FundAnything.com include its agents, employees, officers, spokespersons and other affiliates.
2. How it Works.
Donors pay no surcharges or fees.
It’s always free to start raising money on FundAnything.com. FundAnything charges a 9% fee on the contributions you collect. When you reach your goal, you’ll get 4% back for a fee of just 5%. Users who receive payments from PayPal will ALSO pay PayPal 2.9% PLUS $0.30 per transaction. There is no fee to receive payment to their bank account. Third party fees such as PayPal fees are outside of the control of FundAnything.com and subject to change without notice.
As a Donor, you may make your donation anonymous, where only the dollar amount and date is shown, but FundAnything.com does not guaranty your anonymity.
FundAnything.com is not a party to any agreements between Users and Donors; if a User breaches an agreement with a Donor, the Donor will not hold FundAnything.com responsible, and if a Donor breaches an agreement with a User, the User will not hold FundAnything.com responsible.
Users’ projects must fall into either the “Personal” category or the “Business” category. Users must classify Projects in the correct category. FundAnything.com reserves the right to re-classify any Project at any time, but disclaims any responsibility to do so.
The Personal and Business categories have different requirements before money is released to Users.
Donations for all projects are processed and delivered to Users immediately.
For all campaigns, FundAnything.com provides Users with Donor’s ID and contribution amount. If Users need more information from Donors to facilitate fulfillment, it is Users’ and Donors’ responsibility to assure that User obtains accurate Donor information.
Users must fulfill any earned Reward or offer a full refund to Donors. FundAnything.com does not provide refunds, and Donors understand that FundAnything.com is unable to assure that Users provide refunds, even if a User, without good cause, refuses to fulfill a Reward. A User may refund a payment at any time and thereby cancel the User’s obligation to provide a Reward.
FundAnything.com has no obligation to investigate potential Users or actual Users. FundAnything.com provides no assurance to Donors that Users are who they say they are, or that Users are truthful or trustworthy.
If a Project receives Project Funding by using FundAnything.com’s platform and tools, User agrees to acknowledge FundAnything.com by including FundAnything.com in the "Special Thanks" section of the credits/acknowledgement section of the completed project as follows: using the FundAnything.com logo, the logo should appear on its own line (i.e., no other text or images on the left or right), sized so that the "FundAnything.com" lettering in the logo is at least three times the size of the credits' normal text.
A User agrees to use any funds raised in a manner fully consistent with the representations User made in FundAnything.com. If a User is unable to use funds in such permitted manner, then User agrees to refund all sums to Donors or to otherwise reach an agreement with Donors as to use of funds.
By using the FundAnything.com website for any reason, you warrant and agree:
a. To comply with all federal, state and local laws applicable to you.
c. You are a person who is not a non-profit organization or charity as defined by the Internal Revenue Service, and if at any time FundAnything.com provides a feature that facilitates tax deductible contributions, then you agree to comply with all requirements of any third party entity that FundAnything.com utilizes to facilitate such contributions.
d. The funds raised through FundAnything.com will be used solely for the purposes you describe.
e. You are truthful in all information you provide in and through FundAnything.com, you are not impersonating anyone and you are being truthful as to any affiliation with any person or entity.
FundAnything.com is not responsible for any error or omission in the information any User or Donor provides.
4. Prohibited Activities.
You may not use the FundAnything.com for activities that violate any law. Without limiting the aforesaid general prohibition, you may not use FundAnything.com for any activity related to (a) narcotics, steroids, controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, (i) weapons or knives regulated under any applicable laws, (j) cause risk of injury to any person or damage to any tangible or intangible property, (k) self-promotion beyond actions authorized by FundAnything.com, or (l) harassment, bullying or so-called cyber-bullying.
5. Prohibited Transactions.
You may not use FundAnything.com in connection with the following businesses, business activities or business practices: (1) door-to-door sales, (2) offering substantial rebates or special incentives to a credit/debit Cardholder subsequent to the original purchase, (3) negative response marketing, (4) engaging in deceptive marketing practices, (5) sharing credit/debit Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service, (6) evading credit/debit Card Network’s chargeback monitoring programs, (7) engaging in any form of licensed or unlicensed aggregation or factoring, (8) airlines, (9) age restricted products or services, (10) bail bonds, (11) bankruptcy lawyers, (12) bidding fee auctions, (13) collection agencies, (14) chain letters, (15) check cashing, wire transfers or money orders, (16) counterfeit goods, (17) currency exchanges or dealers, (18) embassies, foreign consulates or other foreign governments, (19) firms selling business opportunities, investment opportunities, mortgage consulting, credit repair or protection or real estate purchases with no money down, (20) credit card and identity theft protection, (21) cruise lines, (22) essay mills, (23) flea markets, (24) drug paraphernalia, (25) extended warranties, (26) fortune tellers, (27) gambling, (28) sports forecasting or odds making, (29) illegal products or services, (30) mail-order brides, (31) marijuana dispensaries and related businesses, (32) money transmitters or money service businesses, (33) multi-level marketing or pyramid schemes, (34) pharmacies, (35) pharmaceuticals, pseudopharmaceuticals, nutriceuticals, (36) quasi-cash or stored value, (37) securities brokers, (38) sexually-oriented or pornographic products or services, (39) shipping or forwarding brokers, (40) substances designed to mimic illegal drugs, (41) telemarketing, (42) timeshares, (43) tobacco and e-cigarettes, (44) weapons and munitions, (45) virtual currency that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exist in the virtual world, (46) travel agencies, (47) personal computer technical support, and (48) predatory products or services.
You are also prohibited from using FundAnything.com to engage in transactions that (a) show the personal information of third parties in violation of applicable law or which otherwise violates a third party’s rights to privacy or publicity, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, (g) provide credit repair or debt settlement services, (h) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent, (i) violate applicable laws or industry regulations regarding the sale of tobacco products or prescription drugs and devices, (j) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from FundAnything.com and the User and customers are located exclusively in jurisdictions where such activities are permitted by law.
7. Age Requirement.
You agree that you will not use FundAnything.com if you are less than 18 years of age.
8. Data and Prohibited Uses.
It is understood and agreed that you will not hold “FundAnything.com” liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions. FundAnything.com makes no representations regarding the deductibility of any Contribution for tax purposes. You disclaim FundAnything.com’s involvement in any tax matter related to your use of FundAnything.com.
You agree to defend and otherwise hold harmless FundAnything.com, and not to involve FundAnything.com in any litigation or threatened litigation that occurs due to your actions in relation to FundAnything,com or your use the website.
11. Disclaimer of Warranties.
FUNDANYTHING.COM MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF ITS SERVICES OR FITNESS OF ITS SERVICES FOR ANY PARTICULAR PURPOSE. IT IS UNDERSTOOD AND AGREED THAT YOU RELEASE AND HOLD HARMLESS FUNDANYTHING.COM FROM ANY AND ALL LIABILITY THAT FUNDANYTHING.COM MAY OTHERWISE HAVE WITH REGARD TO OR ARISING FROM THIS AGREEMENT OR ANY SERVICES PROVIDED BY FUNDANYTHING.COM, FOR REASONS INCLUDING, BUT NOT LIMITED TO, DELAY OR FAILURE OF FUNDANYTHING.COM SERVICE, NEGLIGENCE, OR ANY OTHER TORT OR BASIS FOR CIVIL LIABILITY. IF THERE IS ANY APPLICABLE LAW THAT RESTRICTS SUCH RELEASE OF LIABILITY, IT IS AGREED AND UNDERSTOOD THAT FUNDANYTHING.COM IS ONLY LIABLE FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS FUNDANYTHING.COM’S LIABILITY TO, IN THE EVENT THAT SUCH A MINIMUM EXISTS.
IT IS AGREED AND UNDERSTOOD THAT FUNDANYTHING.COM IS NOT RESPONSIBLE IN ANY WAY FOR PROMISES, REPRESENTATIONS OR ANY OTHER STATEMENTS MADE BY THIRD PARTIES ON OR THROUGH THE FUNDANYTHING.COM WEBSITE, OR BY ANY OTHER MEANS OF COMMMUNICATION TO YOU, NOR IS FUNDANYTHING.COM RESPONSIBLE FOR ANY BREACH OF WARRANTY OR SUBSTANTIALLY SIMILAR CLAIM ARISING FROM ANY GOODS OR SERVICES OBTAINED OR PROCURED THROUGH FUNDANYTHING.COM. FUNDANYTHING.COM BEARS NO RESPONSIBILITY FOR ANY THIRD PARTY CLAIMS OR REPRESENTATIONS THAT ARE MADE IN BAD FAITH, FRAUDULENTLY OR NEGLIGENTLY, INCLUDING BUT NOT LIMITED TO CLAIMS OR REPRESENTATIONS CONCERNING CHARITABLE SOLICITATIONS, WHETHER OR NOT SUCH CHARITABLE SOLICITATIONS ARE MADE IN CONNECTION WITH A TAX-EXEMPT ENTITY.
FUNDANYTHING.COM ASSUMES NO RESPONSIBILITY FOR FAILURES OR ERRORS COMMITTED BY OR THROUGH ANY THIRD PARTY PAYMENT PROCESSORS. FUNDANYTHING.COM SHALL NOT BE RESPONSIBLE FOR OR OTHERWISE LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF FUNDANYTHING.COM OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY INTERNET OUTAGES, FAILURES OR DISRUPTIONS IN SERVICES, UNTIMELY DELIVERY, WHETHER OR NOT SCHEDULED, WHETHER OR NOT INTENTIONAL, AND WHETHER TEMPORARY OR PERMANENT.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, 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.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE ABOVE RELEASE.
The Service is controlled and operated from its facilities in the United States. FundAnything.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
It is understood and agreed that FundAnything.com is not liable for any loss or damage due to your or any third party’s failure to comply with the terms of this agreement. You agree to defend, indemnify and hold harmless FundAnything.com, its employees and agents, officers, spokespersons and other affiliates, from and against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out of your use of the FundAnything.com website, or any other of your actions with regard to FundAnything.com, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. If FundAnything.com is subject to any claim as anticipated by this paragraph, you agree that FundAnything.com may enter into a commercially reasonable settlement with the party/parties making the claim, and that you still shall be liable for the damages.
13. FundAnything.com Accounts.
FundAnything.com.com reserves the right to delete User or Donor accounts, or any of the content therein, at our discretion. All such content is your responsibility. You are 100% responsible for any damage caused by the unauthorized use of your account. You agree you will not:
a) Use sexually explicit content, obscenities, copyrighted/trademarked/otherwise protected material, or abusive/hateful language in any area of the site.
b) Use your FundAnything.com account for any illegal purposes.
c) Provide information that is not complete and accurate.
d) Attempt to bypass or otherwise circumvent the designated method of payment as provided by FundAnything.com.
e) Use a User’s or Donor’s account without permission.
f) Attempt to bypass or otherwise circumvent any restriction FundAnything.com has placed on your use of FundAnything.com.
15. Offensive Material, Harm to Your Computer.
FundAnything.com.com disclaims any obligation to review any material posted on FundAnything.com.com, though it may do so from time to time. Users and Donors are responsible for protecting themselves from offensive or harmful content, and for protecting their computer hardware and software. You agree that FundAnything.com bears no responsibility for material posted on FundAnything.com which is false, offensive or otherwise inappropriate, and you agree you will not hold FundAnything.com responsible for any damages caused by your exposure to such material.
16. Choice of Law and Forum for Disputes.
You agree that FundAnything.com.com may communicate electronically with you, by sending communications to your email address, and that FundAnything.com.com is not liable for any user generated content that is emailed to you as part of such communications. It is understood and agreed that you are liable for all communications you send promoting your FundAnything.com site.
18. Copyright Infringement.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify FundAnything.com’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit FundAnything.com to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Name: Andrew L. Hyams
Attn: DMCA Notice
Company: Kerstein, Coren & Lichtenstein, LLC
Address: 60 Walnut Street, Wellesley, MA 02481
Telephone: 781-997-1600, Fax: 781-997-1633
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying FundAnything.com and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with FundAnything.com’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
If you believe that FundAnything.com has wrongly taken down your work in response to a DCMA notice, then notify the DCMA agent listed above and provide: a) your full contact information, b) identification and description of the removed material, c) an affidavit (sworn statement) of all relevant facts describing and supporting your position, and d) your address and your advance agreement that you consent to jurisdiction of the federal district court with jurisdiction of your address, and that you will accept service of process by the person or entity who/which filed the DCMA notice that led to your material being removed.
If a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will be otherwise valid and enforceable as though they had been agreed to without the unenforceable provision.
20. License Grant.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to FundAnything.com a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. FundAnything.com reserves all rights not expressly granted herein in the Service and the FundAnything.com Content. FundAnything.com may terminate this license at any time for any reason or no reason.
21. Proprietary Rights.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “FundAnything.com Content”), and all Intellectual Property Rights related thereto, are the exclusive property of FundAnything.com and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the FundAnything.com Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
22. Assignment and Waiver.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FundAnything.com without restriction. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FundAnything.com’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
24. Arbitration of Disputes and Waiver of Class Actions.
Either FundAnything.com or you may demand that any dispute between FundAnything.com and you about or involving the FundAnything.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Salt Lake City, Utah, USA, provided that the foregoing shall not prevent FundAnything.com from seeking injunctive relief in a court of competent jurisdiction.
You agree that, by entering into this Agreement, you and FundAnything.com are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to FundAnything.com should be addressed to: Andrew Hyams, Esq., Kerstein, Coren & Lichtenstein, LLP, 60 Walnut Street, 4th Floor, Wellesley, MA 02481 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If FundAnything.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FundAnything.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by FundAnything.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or FundAnything.com is entitled.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND FUNDANYTHING.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FundAnything.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If any party files a judicial, administrative or arbitration action asserting a claim that is subsequently rejected, dismissed, lost or otherwise unsuccessful, the party filing that action must pay the other party's costs and expenses, including reasonable attorneys' fees. Notwithstanding anything herein to the contrary, this agreement to arbitrate will not preclude either you or FundAnything.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award. If FundAnything.com files an arbitration claim or takes other legal action against you in connection with any actual or suspected breach of this Agreement, FundAnything.com will be entitled to recover from you as part of such legal action, and you agree to pay, FundAnything.com's reasonable costs, expenses and attorneys' fees incurred as a result of such legal action. FundAnything.com and its licensors and contractors will have no legal obligation or other liability to you or any third party arising out of or relating to FundAnything.com's termination of this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to FundAnything.com or its licensors, as the case may be, and would therefore entitle FundAnything.com to injunctive relief.
25. No Legal Advice.