§ 1. Preamble
Please read these terms carefully before using Fundouts.com. The Internet platform Fundouts™ is operated by Ben David GmbH, represented by the managing director Dr. Mathew Hunter;
Campus Ring 1
Tel: +49(0) 421 200 4321
§ 2 Regulatory Area
(1) These terms and conditions apply to the use of Fundouts™ (Fundouts.com) and all its services. These Terms of Service apply to all registered Fundouts™ users and visitors. They (TOS) govern the rights and obligations of users visiting the platform and the use of its functionality.
(2) Fundouts™ is a Crowdfunding- platform on which specific users (Campaigner) can raise funds for any conceivable social purpose (provided that this purpose does not contradict these Terms and Conditions in §6) by creating a fundraising campaign with the services provided by fundouts.
(3) The platform additionally enables other users (Funder), to make a donation (Fundout) to a Campaign.
(4) Our services are offered in several languages. For clarity, the terms Campaign, Campaigner, Fundout and Funder will be used uniformly across languages with the definitions found above. There is no guarantee that services will be provided in any given language.
(5) The basic use of the platform is possible without cost or registration; however, some relevant functionalities of the platform, especially setting up campaign, or using the internal mailing system, track your donations, requires a registered account. Funders are not required to register an account, only provide a valid email address to confirm the fundout donation. If you wish to make multiple Fundouts, registration is recommended in order to simplify the process. Additionally, Funders will need to supply similar information when registering account if they wish to receive a perk offered by a Campaigner.
(6) Registration shall be entitled to legally competent adult users and those who act with the consent of their legal representatives. The minimum age for registration is 14 years.
(7) The contractual language is German. While the content of the platform as well as these terms and conditions are available in another language, these are for information purposes only.
§ 3 Our Services
(1) Fundouts™ provides the operating platform and its offered services. A contract between Fundouts™ and the registered users comes only by the use of the platform. The legal relationship between Campaigners and the Funders are governed by separate agreements. Each funder is responsible for their donation request and its execution. Each campaigner is responsible for receiving the fundouts and the using it for the advertised purpose.
(2) Each user is solely responsible for compliance with particular tax provisions and laws with regard to the provision and receipt of Fundouts.
(3) Fundouts™ does not guarantee that all Fundouts made via the platform will qualify as a tax - deductible donation. Additionally, any campaign that is eligible to provide tax receipts, is solely responsible for providing the required tax receipts and will not and cannot be issued by Fundouts. Please be aware that the contractual relationship by giving a Fundout to a campaign might be recognized as a donation by the appropriate authorities in the sense stated above, but may also be recognized for example, as a gift, purchase or sponsorship depending on the circumstances.
(4) The contractual relationship between Fundouts™ and users who only act as Funder is mutually free of charge. A Campaigner pays Fundouts™, a fee based on the Fundouts contributed to their campaign. More information about fees can be found in the FAQ section of our support.
(5) Fundouts™ provides the technical requirements for the intended use of the platform. We reserve the right to provide any of our services through the use of third parties.
(6) Fundouts is not required to market your campaign for you. We operate marketing for the Platform only and possibly for individually selected Campaigns. The entire marketing related to the platform is in our sole discretion.
(7) A user account will be provided to all who register with Fundouts. All users must enter the required information in order to successfully register.
(8) In the event that with your registration you only use the platform for information on the Campaigns or only act as Funder, the use of Fundouts ™ the cost to you is free and you have no right to maintain our services. We reserve in these cases the right to delete your account at any time to end the free offer of our services without notice. We also refer to § 10 and §11.
§ 4 Registration
(1) Registration is necessary for use of the platform and its services that go beyond simply accessing information about campaigns or the site or being a funder. Upon registration you obtain a user account, and can act as a Campaigner. Furthermore, you can present the Campaign detail and apply, adjust images, videos and documents, as well as other in-depth information about Campaigns or active Fundouts.
(2) Each user is considered as a natural person who may only register once and only create one account. Even in the instance that a campaign is raising money for an organization, a campaign can only be registered under one account with one main representative per account.
(3) A Campaign can however be managed by several different users upon invitation only through our platform (SEE FAQ for more details); however, all administrators must register their own account and thus be subject to these Terms of Services.
(4) In order to register the user must enter all information marked as mandatory fields in the registration form in the open-access area of the platform. All provided information must be legally accurate, especially in accordance to the identity and age of the user. All other information beyond the required information is voluntary. More information on the registration details can be found in the FAQ section.
(5) When a campaigner submits a Campaign, the subject and contents of the campaign are reviewed in compliance with these Terms and Conditions (particularly see "Obligations of Users" § 6), ethical principles and with all general laws and statutes. Only after this review can you start to accept fundouts from funders.
(6) If we determine that a Campaign - for whatever reason - is to be incompatible with the rules described above, we will try to help you in preparing the reconciliation, should this be possible. This aid will not always be available and is not guaranteed. We reserve the right to not approve or delete a campaign without providing reason.
§ 5 Fundout Procedures and Contracts
(1) In the contractual relationship between the campaigner and funder, Fundouts™ is recognized as a legal third party.
(2) Each Campaign or related site provides a “Make a Fundout” button to initiate the funding process. By concluding the "Make a Fundout" process the specified amount is binding without redemption. The exact process of the payment process you may find displayed for your information in the FAQ section in detail.
(3) The Campaigner can offer Perks to funders for fundouts received on their campaign; however, the offer of perks is not mandatory for a Campaign. Fundouts ™ is not responsible for any perks that are offered by a campaigner. We assume no responsibility or liability for the guarantee of any aspect of the perk (delivery, quality, etc.)
(4) Depending on the classification of the agreement between campaigners and Funder - eg Donation, purchase, sponsorship, or gift – certain legal instructional duties and cancellation rights may be observed. In each instance the Campaigner is solely responsible to timely and adequately inform the funder of their legal withdrawal rights.
(5) All financial transactions that are made in connection with the use of the services of Fundouts ™, must be made within the limitations authorized by the site. The only accepted payment methods can be found in the FAQ section of www.support.fundouts.com. The Funder agrees to pay for all fees as outlined by their selected third party payment provider. The user agrees to all terms and conditions of their selected payment provider. Third party processors are in no way affiliated with the Site or Ben David GmbH and their fees and commissions are subject to changes without any notification on our behalf.
(6) The Fundouts are transferred directly to the linked account of the Campaigners.
(7) As a campaigner, you agree to pay your fees for each Fundouts obtained under the provisions listed under www.support.fundouts.com. See the FAQ section for all information about the process of fees and payment methods.
§ 6 Obligations of Users
(1) In order to use the platform without any problems, and as unimpaired as possible, certain behavior guidelines must be observed. In particular, you agree
- Wherever mandatory disclosures are required to provide complete and accurate information as well as to update this information, if necessary;
- Only create one user account and to prevent the use of this account by a third party;
- To protect the account with a secure password of a minimum 8 characters and to prevent the disclosure of this password to third parties;
- Notify us immediately at firstname.lastname@example.org if the password has become known to third parties, the account was taken over abusively by third parties, or if you have a fear that abuse has occurred or will occur in the near future.
(2) Use of the platform or any actions related to its services is expressly forbidden to violate: existing laws, rights of third parties, or any general ethics. This includes in particular but not limited to:
- Any item you know is false, misleading or inaccurate;
- Any times that promotes, social intolerance, including but not limited to, Violence, discrimination and criminal behaviours;
- Any controlled substances or products that present risk or harm to any User, including but not limited to, narcotics, steroids (Collectively, “Substances”);
- Any items that promote or facilitate the use of Substances (eg. drug paraphernalia);
- Any item that violates laws or industry regulations regarding the sales of tobacco, alcohol or prescription drugs;
- Any items that involve gambling, gaming, or an activity requiring an entry fee and has a prize, including but not limited to, sports and racetrack betting, casino games, lottery tickets, other games of chance or sweepstakes, unless the Campaigner has received conditional approval from the Site and all operations are executed and maintained in the applicable legal jurisdiction to which all applicable local, state and federal laws must be recognized and followed;
- Any items or services that are deemed to be sexually oriented, or obscene;
- Any items pertaining to weaponry and weapon based services or events, including but not limited to, ammunition, firearms, or firearm equipment and accessories, knives and other items deemed to be weaponry based on local jurisdiction laws;
- Any items or services that share confidential information of 3rd party Users;
- Any items or services that infringe on proprietary rights under the laws of jurisdiction, including but not limited to, copyright, trademark, patent or right of publicity;
- Any items for payment processors used to recoup payments in the interest, or, as a representative of a merchant;
- Any items that attempt to provide credit repair or debt settlement ;
- Any items that relate to purchases of equity, annuities, real property, investments, lottery contracts, lay - away systems, off shore banking or transactions to finance or refinance debts funded by a credit card;
- Any items that pertain to businesses involved in money services that include, but not limited to the sales of, travelers checks, money orders, currency exchange, and check cashing; and
- Any items or services that promote or facilitate pyramid or Ponzi schemes, matrix programs, and any other schemes that are deemed to be of “get rich quick” nature, or multi – level marketing programs.
(3) If any user notices a breach or violation of these terms and conditions please contact us by e-mail at email@example.com.
(4) As long as your campaign is active on our site it is expressly forbidden to promote the campaign on the platform and receive donations elsewhere or receive donations without paying fees that are owed for our services.
§ 7 Non - Compliance
(1) Fundouts is entitled to temporarily suspend or terminate any account or campaign without notice in accordance to any perceived violation by a user against one of the obligations or prohibitions of § 6.
(2) In addition we reserve the right to use any and all legal means necessary if we notice a breach of the obligations or any prohibition of §8. These legal means might include filing a criminal complaint, a claim for damages, pain or suffering, or recouping expenses.
§ 8 Intellectual Property and Copyright
(1) All content available in both public and non-public areas of the site are protected by copyright and fully complied by you.
(2) If the user uploads texts, images or other content on Fundouts™, they hereby grant us the unlimited rights to use this content for the necessary operation of the page and platform. This includes in particular:
- Adapt, edit and reproduce for specific usage on the site
- Make publicly available, send or otherwise, especially for retrieval and download by third parties
- To be used by API programming interfaces for the use of third party services (such as social media services) including the right to authorize these third parties to access, or have public disclosure, or transmission of content.
- To edit or reproduce the content for marketing purposes related to the site, even outside the page and to grant third parties the required personal use rights.
(3) Uploading of content to the page grants the rights indefinitely. We remain entitled to keep any stored content and utilize it in any of the natures described above. The granting of the rights however can be stopped by clearing the contents of the user. If the user no longer has access to the site and is unable to delete content, the user can send written request of content deletion. We would however, be please if the contents are not deleted as this would interfere with the dynamics of the platform.
(4) Please not the deletion of content on the platform is only for the future use and does not guarantee or imply that this content will no longer be available on the internet or in public since the content may have been spread prior to the deletion or deletion request.
(5) Please note supplement material regarding copyright materials in our Privacy Policies (www.support.fundouts.com)
§ 9 Liability clause
(1) Our liability is basically determined according to general laws.
(2) We shall be liable, without prejudice to the above provision and the following limitations of liability without restriction for damage to life, limb and health as well as for damages covered by the liability under the Product Liability Act.
(3) Furthermore, we are liable without limitation for all damages caused by gross negligence or willful misconduct or bad faith on our part. The liability of warranty is also unlimited.
(4) We are liable for damages caused by simple negligence, as far as the contractual obligations are concerned which are of particular importance to the fulfillment of the purpose of the contract. However, we are only liable for such damages that are connected to the contract in a typical fashion and are therefore foreseeable.
(5) Any further liability for simple negligence is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the liability of legal representatives, all employees and other agents of fundouts or Ben David.
§ 10 deletion of the account by the user
(1) As long as you are a user of the free services of the platform, you can terminate the agreement at any time without giving reasons and delete your account completely.
(2) As a campaigner you have this right only if your Campaign has reached the specified startup fundraising goal and you have already paid all the fees required. For information purposes we refer again to the FAQ section as well as the provisions of fees due to Fundouts.
§ 11 Term and Termination
(1) The contract for the use of our platform will be closed indefinitely. The contract for users of the free services of the platform is immediately and mutually canceled at any time without notice.
(2) However, if you are a Campaigner, the usage agreement ends only after reaching the specified fundraising goal of the Campaign, and all fees are paid accordingly.
(3) In the event that you would like to terminate your campaign/account before the target goal is achieved please write to us stating your reasons It is possible that we can seek and mutually acceptable solution with regard to a short-term settlement of the contractual relationship, which takes into account the interests and concerns of both Fundouts ™ and you as Campaigner. However, please note that the right on your part of this approach does not exist.
(4) The possibility of extraordinary termination for good cause exists for all contractual parties regardless of the aforementioned conditions.
(5) All cancellations are to be declared in writing via e-mail or regular mail.
§ 12 Amendments to our conditions
(2) The changes will be announced at 30 days before its entry into force on the platform. Registered users will be notified at the same time via e-mail about upcoming changes. The amendments shall be deemed accepted unless notified through written correspondence as identified in (see § 11). The objection must be received within 14 days after receipt of the information about the changes in us. In the event that a user exercises their right to object to the terms of service fundouts may terminate the account without notice in accordance with the provisions of with § 11.
(3) However, if you are a campaigner, then the usage agreement with us ends only after the campaign donation objective specified by you at the beginning of the campaign has been reached, all payments regarding the related fundouts have been completed, and all fees have been paid to us by you.
§ 13 Final Provisions
(1) All laws and statutes will enforced as the law of the Federal Republic of Germany, excluding the CISG.
(2) The place of fulfillment and jurisdiction for all disputes arising from this contract, is for contracts with merchants, legal persons under public law, or public special assets argued in Bremen, Germany - our liberty of choosing any other court to commence legal action is not restrained or limited by this.