- Your Relationship with The Crowdfund Mafia
- Your use of The Crowdfund Mafia products, services and web site (referred to collectively as the “Services” in this document and excluding any services provided to you by The Crowdfund Mafia under a separate written agreement) is subject to the terms of a legal agreement between you and The Crowdfund Mafia. “The Crowdfund Mafia” means www.crowdfundmafia.com. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- Unless otherwise agreed in writing with The Crowdfund Mafia, your agreement with The Crowdfund Mafia will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
- Your agreement with The Crowdfund Mafia will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and The Crowdfund Mafia in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
- If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
- Accepting the Terms
- In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
- You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by The Crowdfund Mafia in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that The Crowdfund Mafia will treat your use of the Services as acceptance of the Terms from that point onwards.
- Before you continue, you should print off or save a local copy of the Universal Terms for your records.
- Language of the Terms
- Where The Crowdfund Mafia has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with The Crowdfund Mafia.
- If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
- Prevision of the Services by The Crowdfund Mafia
- The Crowdfund Mafia has affiliated entities (“Affiliates”). Sometimes, these companies will be providing Services or Products to you on behalf of The Crowdfund Mafia itself. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
- The Crowdfund Mafia is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which The Crowdfund Mafia provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that The Crowdfund Mafia may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at The Crowdfund Mafia’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform The Crowdfund Mafia when you stop using the Services.
- You acknowledge and agree that if The Crowdfund Mafia disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- You acknowledge and agree that while The Crowdfund Mafia may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service; such fixed upper limits may be set by The Crowdfund Mafia at any time, at The Crowdfund Mafia’s discretion.
- Use of Services by you
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to The Crowdfund Mafia will always be accurate, correct and up to date.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by The Crowdfund Mafia, unless you have been specifically allowed to do so in a separate agreement with The Crowdfund Mafia. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- Unless you have been specifically permitted to do so in a separate agreement with The Crowdfund Mafia, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that The Crowdfund Mafia has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Crowdfund Mafia may suffer) of any such breach.
- Privacy and your Personal Information
- You understand that all information entered into the The Crowdfund Mafia database for registration or purchase is held private by The Crowdfund Mafia and will not be displayed publicly unless otherwise stated.
- In the case of posting events The Crowdfund Mafia will provide the Event Host’s information publicly for contact purposes unless specifically requested to do otherwise.
- The Crowdfund Mafia holds the right to use contact information to notify members and registered customers of The Crowdfund Mafia events, news, and notifications. These can be done by email, newsletter, social media posts, etc. In some cases “opt out” selections can be made and will cease those particular items delivery.
- Content in the Services
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
- You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to The Crowdfund Mafia (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by The Crowdfund Mafia or by the owners of that Content, in a separate agreement.
- The Crowdfund Mafia reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
- You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
- You agree that you are solely responsible for (and that The Crowdfund Mafia has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which The Crowdfund Mafia may suffer) by doing so.
- You understand and acknowledge that you are solely responsible for approving any and all creative, written and/or marketing collateral (this may include landing pages, websites, marketing emails, social media posts, advertisements, newsletters, media pitches, press releases or any other material for both public or internal consumption, etc) created by the company before publishing.
- You acknowledge that prior to such approval, any and all creative, written and/or marketing collateral (as detailed above) are explicitly in non-final and “draft” form, whereas the presence of minor or significant design, branding, color-related, grammatical or spelling errors should be expected, as proofreading does not occur until prior to final customer approval via Invision “approval” function or in writing.
- Proprietary Rights
- You acknowledge and agree that The Crowdfund Mafia (or The Crowdfund Mafia’s licensors) owns all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by The Crowdfund Mafia and that you shall not disclose such information without The Crowdfund Mafia’s prior written consent.
- Unless you have agreed otherwise in writing with The Crowdfund Mafia, nothing in the Terms gives you a right to use any of The Crowdfund Mafia’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- If you have been given an explicit right to use any of these brand features in a separate written agreement with The Crowdfund Mafia, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and The Crowdfund Mafia’s brand feature use guidelines as updated from time to time.
- Other than the limited license set forth in Section 9, The Crowdfund Mafia acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with The Crowdfund Mafia, you agree that you are responsible for protecting and enforcing those rights and that The Crowdfund Mafia has no obligation to do so on your behalf.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- Unless you have been expressly authorized to do so in writing by The Crowdfund Mafia, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Content License from you
- You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give The Crowdfund Mafia a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling The Crowdfund Mafia to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
- You agree that this license includes a right for The Crowdfund Mafia to make such Content available to other companies, organizations or individuals with whom The Crowdfund Mafia has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
- You understand that The Crowdfund Mafia, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit The Crowdfund Mafia to take these actions.
- You confirm and warrant to The Crowdfund Mafia that you have all the rights, power and authority necessary to grant the above license.
Crowdfunding___ I understand fully that crowdfunding is high-risk endeavor and that I nor my company in no way will hold MBF ENTERPRISES DBA The Crowdfund Mafia (herein, “CFM” or “the Company”) responsible for the outcome or results of my campaign.
___I hereby agree that no employees, nor representatives of my company nor myself, nor any of my associates will nor attack nor criticize CFM nor will any party portray negatively any aspect of this engagement, or any of CFM’s employees, associates or partners privately or publically (website, forum, social network, blog, etc) under penalty of $50000.00 USD, plus damages.
Reimbursement of Ad Spend
___ I understand I am entitled to receive a reimbursement of my unused ad spend in a timely manner, not to exceed 14 days from the date of request. I also understand that all other fees on considered non-refundable for any reason.
___ I understand that upon execution of services, it is reasonable to provide CFM with a testimonial on one or more areas of expertise (communication, execution, customer service, creative services, advertising services, overall experience, etc) in addition to a 600×600 headshot which will be used in marketing materials (website, social networks, blogs, etc.). In the event that I do not provide CFM with a headshot, I give CFM permission to use any photograph it finds that is publically available and appropriate in nature.
___ I hereby agree to share our Kickstarter Username and Password for the entirety on our campaign and for 6 months thereafter. Failure to comply changing, deactivating, changing login or password information or otherwise restricting or removing access shall result in a $50000.00 USD Penalty, plus damages.
Google Analytics Access
__ I hereby agree to give Google Analytics Admin Access to firstname.lastname@example.org for the entirety on our campaign and for 6 months thereafter. Failure to comply changing, deactivating, changing login or password information or otherwise restricting or removing access shall result in a $50000.00 USD Penalty, plus damages.
___ I understand that CFM uses Contact Information from its past campaigns (Name, Email Address, Demographics, etc) in order to advertise and market my campaign. As such, I agree to provide the same Contact Information from my campaign in either a .CSV/.XLS file or simply by allowing CFM to collect the data itself by accessing the dashboard in Kickstarter.com. Failure to comply within 48 hours of request will result in a penalty of $50000 USD, plus damages.
Promise to Pay
___ I hereby agree to pay CFM a backend fee of between 5.9% and 33% of Net Funds Raised (depending on scope of services–individual rate detailed on individual invoice) that is due within 30 days of the close of the campaign (Kickstarter pays between 14-21 days) or within 5 days of receiving funds from Kickstarter. Failure to comply with this timeline will result in a $50000.00 USD Penalty in addition to monthly interest of 1.5% until the balance is paid.
- Exclusion of Warranties
- NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT The Crowdfund Mafia’s WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- IN PARTICULAR, The Crowdfund Mafia, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
(E) THAT ANY DEPOSITS, PAYMENTS OR FIDUCIARY DUTIES ARE SUBJECT TO REFUND UNDER ANY CIRCUMSTANCE
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Crowdfund Mafia OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- The Crowdfund Mafia FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of liability
- SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Crowdfund Mafia, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY… THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH The Crowdfund Mafia MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE The Crowdfund Mafia WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THE LIMITATIONS ON The Crowdfund Mafia’s LIABILITY TO YOU IN THE PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT The Crowdfund Mafia HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
- The manner, mode and extent of advertising by The Crowdfund Mafia on the Services are subject to change without specific notice to you.
- In consideration for The Crowdfund Mafia granting you access to and use of the Services, you agree that The Crowdfund Mafia may place such advertising on the Services
- Other Content
- The Services may include hyperlinks to other web sites or content or resources. The Crowdfund Mafia may have no control over any web sites or resources which are provided by companies or persons other than The Crowdfund Mafia.
- You acknowledge and agree that The Crowdfund Mafia is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that The Crowdfund Mafia is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- General Legal Terms
- Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- The Terms constitute the whole legal agreement between you and The Crowdfund Mafia and govern your use of the Services (but excluding any services which The Crowdfund Mafia may provide to you under a separate written agreement), and completely replace any prior agreements between you and The Crowdfund Mafia in relation to the Services.
- You agree that The Crowdfund Mafia may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- You agree that if The Crowdfund Mafia does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Crowdfund Mafia has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Crowdfund Mafia’s rights and that those rights or remedies will still be available to The Crowdfund Mafia.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- You acknowledge and agree that each member of the group of companies of which The Crowdfund Mafia is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
- In the event of any dispute between the parties arising out of this agreement which proceeds to a civil action or arbitration, the prevailing party in that action shall be awarded their reasonable attorney’s fees and costs from the non-prevailing party.
- The Terms, and your relationship with The Crowdfund Mafia under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and The Crowdfund Mafia agree to submit to the exclusive jurisdiction of the courts located within the county of San Diego, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that The Crowdfund Mafia shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.