A - Summary of Service
QiKfunder is a crowd funding platform where Site users (Project creators) create projects to be funded by other users (Funders). By utilizing the website as well as email, newsletters, blog entries and other media, the Site makes available access to content including, but not limited to, videos, artwork, audio, data, text, graphics, drawings, software, photographs, text, trademarked and copyrighted information, and other material (Content). Project creators, Funders, and visitors to the Site have the ability to contribute, submit, enter, or add additional content to the Site.
B - Condition of Use
QiKfunder reserves the right to discontinue the service for any reason at any time. The Company may suspend, change, alter, or otherwise modify any feature of the Site at any time. Any Content or feature may be affected by the aforementioned suspensions. We also reserve the right to restrict your access to certain features of the Site without notice or reason.
C - Rules and Conduct
By using the Service provided by QiKfunder, you promise to abide by all applicable laws and agree not to use the Service in any manner prohibited by QiKfunder. You and you alone are responsible for the actions taken on your account. You shall not allow the use of your account by anyone other than yourself. You shall use the Service for your own personal use; the Service is not intended for commercial use and shall not be used for such. You shall not submit any form of content, that:
- 1. Infringes on any trademark, patent, trade secret, copyright, right of publicity, violates any law or contract, or any other right of any person or entity;
- 2. You know to be false, deceiving, misleading, or otherwise incorrect;
- 3. Is unlawful, harassing, abusive, defamatory, libelous, fraudulent, tortious, obscene, offensive, sexually explicit, invasive to another’s privacy, or otherwise inappropriate;
- 4. Is considered unsolicited or unauthorized advertising, promotional material, or any junk mail, spam, chain letters, or any other spam like content;
- 5. Contain software viruses, trojan horses, malware, worms, spyware, or any other computer code, files, or programs designed to inflict harm or to disrupt, damage, limit, interfere, infiltrate, or otherwise compromise the normal operation of any software, hardware, telecommunications equipment, cell phones, or any other system, or to breach any system, data, password, records, or other information of the Company or any third party in an attempt to obtain unauthorized access to the mentioned information;
- 6. Made in breach of contract or duty to any other third party;
- 7 Made under the impersonation of any person, company, or other entity, including any employee or partner of QiKfunder.
D - Registration
You are solely responsible for the activity that occurs on your account and you shall be responsible for maintaining the confidentiality and security of your password for the Site. You shall never use any other account other than your own without the account owner’s express written permission. You shall immediately notify QiKfunder in writing of any security breach including, but not limited to, unauthorized use of your account or anyone else’s account, and other account related security breaches. We will not be liable for any of your losses relating to any unauthorized access to your account; however, you will be liable for the losses of QiKfunder and any others relating to the unauthorized use of your account.
E - Project: Posting
By using the Services offered by QiKfunder, you may be given the opportunity to submit a project in order to elicit feedback and financial contributions from other users (Funders or Contributors). The content you submit is subject to all terms and conditions pertaining to content in this agreement. Posting a false or misleading project or posting false or misleading information in your project profile shall be considered a breach of this agreement and may result in the immediate and final termination, cancelation, or suspension of your project. Users posting a project on the Website may be referred to Project Creators, or just Creators.
F - Project: Fundraising
- Funders agree to provide payment information at the time they contribute to a project. The payment will be collected at or after the set project end date if and only if the total amount raised is at least equal to 50% of the total goal. The amount contributed will equal the amount charged.
- By contributing to a project, you consent to QiKfunder and it’s payment partners authorizing or reserving a charge on your payment card or other payment method of any amount up to the full amount of your contribution at any time between the time that the contribution is made and the payment is collected.
- By contributing to a project, you agree to have sufficient funds or credit to cover the full amount of your contribution to ensure that it will be collectible.
- If you have contributed to a project, you may increase the amount of your contribution at any time up until the set completion deadline of the project.
- If you have contributed to a project, you may cancel your contribution at any time up until 48 hours before the set project deadline.
- There is no promised delivery date for any reward unless expressly stated in the project profile. Estimated delivery date is to be used as a best guess estimate and not a set guarantee of when you will receive your reward.
- Project creators agree that they will make their best effort in good faith to fulfill rewards by the estimated delivery date.
- For every project on the Site, QiKfunder gives the project creator the full name and contribution amount of each funder.
- For every successful project, QiKfunder releases the email address and full name of the funder.
- It is the responsibility of the Funder to respond to inquiries from project creators attempting to obtain needed information to fulfill rewards such as T-shirt sizes. If no response is received within 1 week, the creator will send a follow up email. If no response is received by the end of the second week, the funder may forfeit their reward at the sole discretion of the project creator.
- It is the responsibility of the funder to check their provided email for such inquiries. This includes but is not limited to junk and spam folders.
- QiKfunder does not offer refunds, nor will a project creator be required to grant a refund request unless they are unable to, or refuse to fulfill the reward.
- Project creators must fulfill a funder’s reward or they are required to refund them.
- A project creator may cancel or refund a funders contribution at any time for any reason and will not be required to fulfill the reward if they do so.
- Occasionally there are declined payments and therefore We do not guarantee that the entire amount raised less all applicable fees will be received by the Project Creator.
- Fees will be removed by QiKfunder and PayPal prior to the funds being transferred to the Project Creator.
- We reserve the right to cancel any contribution at any time for any reason.
- We reserve the right to cancel, suspend, reject, decline, remove, or interrupt any Project at any time for any reason without notice. QiKfunder is not liable for any damages that may occur from any of those actions. We may or may not, but are not required to, comment on the action taken.
- A Project creator should not make any purchase or action dependent upon the receipt of funds raised by their project. No purchase should be made until the funds are in the Creators bank account and available to spend. Transfer of funds may take up to 10 business days. QiKfunder is not liable for any debt incurred or damage caused by the premature spending of funds.
- If your project receives funds by submitting a project to QiKfunder, you agree to acknowledge QiKfunder by including our logo somewhere on your site (this may be in the “special thanks” or credits section).
In addition, QiKfunder shall not be held liable for any losses or damages in relation to any rewards or other use of the Service. We shall under no circumstances be obligated to become involved in any dispute between any User, or between any third party in connection with the service either directly or indirectly. This includes, but is not limited to the delivery of goods, rewards, or services, and any other terms, conditions, warranties expressed or implied, or representations associated with Projects on the Site. QiKfunder does not oversee or guarantee the performance of Projects, nor do We endorse or support any user submitted content. By accepting these Terms, you agree to release QiKfunder, its officers, employees, agents, partners, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, emerging out of or in any way related to such disputes and the Service.
G - Fees
QiKfunder is free to sign up. There are however fees charged for the use of certain services. If you choose to use a service that charges a fee, you must first review and accept the fee to be charged. Changes to fees will take place only after you have been given notice in the way of a posting on the Website. You are responsible for the payment of all fees and taxes related to the use of the Service.
We charge Project Creators fees based off of the percentage of their goal raised. This is referred to as the Sliding Scale Payment Method (it may also be referred to simply as the Sliding Scale, or Sliding Scale Method). The Sliding Scale works as follows:
- The fee the Project Creator pays is based on the percentage of their goal raised.
- The minimum percentage that must be raised in order to receive any funds is 50%.
- The closer to 100% funding that is reached the lower the fee.
- From 50% to 69% of the goal raised, an 8% fee will be charged.
- From 70% to 79% of the goal raised, a 7% fee will be charged.
- From 80% to 89% of the goal raised, a 6% fee will be charged.
- From 90% to 99% of the goal raised, a 5% fee will be charged.
- From 100% and up of the goal raised, a 4% fee will be charged.
A Project Creator must opt in or out of the Sliding Scale. If the Creator opts in, They agree to be bound by all terms of this Agreement, including obligations to fulfill rewards or offer refunds, regardless of the percentage of their goal raised. The Sliding Scale does not apply to Causes. Causes will be charged a flat 4% fee.
All payments are processed and collected by PayPal. We do not guarantee, nor are we responsible for the performance of PayPal™ or any of their partners. By accepting this Agreement, you acknowledge and agree that QiKfunder is not responsible for contribution transactions, including but not limited to, any personal or payment information provided by you to the processor.
Third Party Fees : PayPal™ charges around 3% for credit card processing. Amounts may be less depending on type of PayPal™ account.
Additionally, QiKfunder makes no guarantees or representations of the deductibility of any contribution for tax purposes.
H - Third-Party Websites, Advertisements, Resources, or Services
I - License Grant
By your posting of any content on the Website, you hereby expressly grant, and do warrant that you have the authority to grant, to QiKfunder, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, publish, modify, reproduce, edit, translate, list information regarding, distribute, publicly perform, publicly display, make any derivative works of all such user content including, but not limited to, your voice and/or likeness as contained in your User Content, in whole or part, in any form, media, print, technology, etc. known now or hereafter developed for use in relation to or for the Service.
By using the Service, you agree that the Service contains content that may be protected by copyrights, trademarks, service marks, patents, trade secrets, and other applicable rights and laws. This protected content is provided by the Company, its Users, and its partners. You shall abide by all laws and regulations regarding any copyrights, trademarks, patents, or any other protections of any content accessed from the Site.
Subject to the terms of this Agreement, QiKfunder hereby grants you a worldwide, non-exclusive, non-sublicensable, non-transferable personal license to reproduce and use the content accessed on the Site, solely for personal and non-commercial use. Any use, reproduction, distribution, modification, or storage of the content for any reason other than personal, non-commercial use is strictly forbidden without the written permission of the Company or copyright holder. QiKfunder may terminate this license at any time for any reason.
J - Intellectual Property
User Content (also referred to as User Submissions) shall be defined as feedback, questions, comments, and any other information including project postings, posted by either project contributors or project creators. You are solely responsible for the content that you publish upload, display, link, or otherwise make available (here forth Post) on the Service, and you agree that We are acting only as a passive conduit for your online distribution and publication of your User Content. You agree that you are the owner, or have the permission from the owner(s) of all intellectual property rights of any content that you post on the Website.
All patents, trademarks, copyrights, trade secrets, moral and ethical rights, mask work rights, rights of publicity, trade dress, service rights, trade secret rights, or any other intellectual property rights that may be currently in existence or come into existence in the future shall be referred to as “Intellectual Property Rights.”
By submitting content in the way of User Submissions on the Site or through the Service, you hereby agree to the following terms:
- You grant each User of the Site a non-exclusive, non-sublicensable, non-transferable personal license to reproduce, distribute, modify, store, and use your content accessed on the Site, solely for personal and non-commercial use.
- You agree that your User Submissions shall not contain any third party content that is protected under any Intellectual Property Rights of any kind unless you have permission from the owner of said content or are otherwise legally entitled to submit such content. You further agree that in the even you do post content protected under an Intellectual Property Right that you grant QiKfunder all of the associated license rights.
- You agree to pay any and all royalties, fees, and other amounts owed to any person or entity pertaining to your submission of any User Content to the Company’s Service or the Company’s publishing or hosting of any such Content.
- You grant QiKfunder the right to edit, delete, modify, reformat, excerpt, translate, or change in any way your User Submissions.
- All Information transmitted through the Site, whether it public or private, is the sole responsibility of the User from which the content originated.
- We are not liable for any errors, omissions, or mistakes of any kind in any Content.
- You acknowledge and understand that you may access User Content that is inaccurate, indecent, objectionable, or otherwise offensive. Furthermore, you agree that QiKfunder is not liable for any damages as a result of such Content.
- You agree that publishing your User content to the Site is not a substitute for registering with the U.S. Copyright, Writers Guild of America, or any other rights organization.
- We do not guarantee the identity of any User that you may interact with on the Service. We reserve the right, but are not obligated to, monitor any disputes between users
- We are not responsible for any public display or misuse of your User Content
- All Content accessed by you while on the Site is your sole responsibility. You shall be liable for any damages or loss to any party resulting from your accessing the Content.
- You are posting your User Submission and therefore, you may be identified publicly by your name, User ID, Photograph, or other means in association with your User Submission.
You agree that any User Content that you post does not and will not infringe on any Intellectual Property Rights or any other third party rights. We reserve the right, but are not obligated to, reject or remove any User Content believed (at the sole discretion of QiKfunder) to violate the provisions set forth by this Agreement.
QiKfunder takes no responsibility, nor do We assume any liability for any user content that you or any third party posts, submits, or otherwise transmits through the Service. You understand and agree that any losses or damages of any kind resulting from you posting, sending, transmitting, uploading, downloading, displaying, viewing, streaming, or otherwise making available of any User Content on the Site is your sole responsibility.
K - Copyright Notice
If you believe that your copyrighted work has been infringed in any way, please contact QiKfunder’s copyright agent in writing. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), in order for your complaint to be valid, please ensure that it contains the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed;
- The location of where the work you claim is infringing is located on the Site
- Your contact information, including your address, telephone number, and email address;
- A statement that you believe in good faith that the use of the material in question is not authorized by the copyright owner, its agent, or law; and
- A statement that the information provided by you is accurate and that you are the copyright owner or are authorized to act on behalf of the owner under penalty of perjury.
If you believe that your work has been removed in error, Please contact QiKfunder’s copyright agent in writing.
The procedure outlined above is intended to comply with QiKfunder’s rights and obligations under the DMCA and the U.S. Copyright Act, 17 U.S.C. 512(g)(3). This procedure does not in any way constitute legal advice. It is advisable that you consult an attorney regarding your rights and obligations under DMCA, the U.S. Copyright Act, and other applicable laws.
The above information must be submitted in writing to the designated DMCA agent below.
QiKfunder, LLC Attn: Tom Guscinski, DMCA agent 166 N. Gay Street Set. 11 Auburn, Al 36830 Email: Copyright@QiKfunder.com
QiKfunder will terminate repeat infringers accounts if deemed necessary at the sole discretion of QiKfunder. We may also terminate the accounts of any User that infringes on any Intellectual Property Rights regardless of the number of occurrences.
L - Termination
M - Warranty
The Service is provided “as is” and “as available” and is provided without any warrant of any kind, expressed or implied, including, but not limited to, implied warranties of non-infringement, ability to complete a project, fitness for a purpose, course of performance, warranties of merchantability. The mentioned warranties and all other warranties of any kind are expressly disclaimed and not provided by the Company. The Company, its employees, directors, subsidiaries, partners, agents, associates, content providers, suppliers, and affiliates do not warrant that:
- The service will be secure;
- The service will be available at any time or place;
- The service will meet your requirements or expectations, or result in any benefits;
- The service will be uninterrupted;
- Any defects or errors will be corrected;
- The service will not contain viruses, Trojan horses, or other malware and harmful software.
QiKfunder makes no guaranty of privacy or confidentiality of any transmitted information on the Website or and website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
The use of the service is solely at your own risk. We will not be liable or responsible in any way for any offers or content presented by third party providers on the Site. Furthermore, We are not responsible in any way for any damage to your computer or personal property or loss of data resulting from the viewing, accessing, or downloading any content found on the Website.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO OUR SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
N - Limitation of Liability
To the maximum extent applicable by law, in no event shall QiKfunder, its employees, subsidiaries, affiliates, directors, officers, agents, suppliers, licensors, content suppliers, or partners be liable for:
- Any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including, but not limited to, lost profits, loss of data, cost of procuring substitute goods and/or services, loss of contributions, or goodwill;
- Any bugs, Trojan horses, viruses, malware, spyware, or any other harmful software or program (regardless of the source of origin);
- Any direct damages in excess of (in the aggregate) one hundred U.S. dollars.
Some jurisdictions prevent Us from limiting our liability. In the event that you are in such a jurisdiction, notwithstanding any provision set forth in this agreement, then our liability is limited to the minimum extent applicable by law.
O - Indemnity
P - International
Access of the Service is prohibited from territories where the content is illegal. Those who choose to access it do so at their own violation and assume all responsibilities and consequences. QiKfunder is owned and operated within the United States and makes no representations of its appropriateness, availability, or legality. You are responsible for compliance with all local laws.
Q - Notice Policy
R - Governing Law
These Terms of Service shall be governed by the internal and substantive laws of the State of Alabama, without respect to any principles of conflicts of laws. The Service shall be deemed a passive one that does not give rise to personal jurisdiction over QiKfunder, whether specific or general, in any jurisdiction other than Alabama. Any dispute or claim between you and QiKfunder that arises wholly or in part from the Service, your use, or non-use of the Service, shall be decided in a court of competent jurisdiction in the city, and county of Dothan, Alabama.
S - Language
As a courtesy feature only, this document and all other documents and Content on the Site may be translated into languages other than English. The original English version of this document shall govern and supersede all other translated versions. All disputes, claims, and proceedings shall be communicated in English.
T - Agreement, Integration, and Severability
U - Miscellaneous
- You agree and acknowledge that We have the right to report any activity to law enforcement agencies for any reason deemed necessary at Our sole discretion.
- No waiver of any Term in this Agreement shall be deemed a continuing waiver of any term or terms outlined in this Agreement. Furthermore, QiKfunder’s failure to assert and right, privilege, or provision (collectively “Right”) set forth in this Agreement shall not constitute a waiver of that Right.
- QiKfunder is not liable for any failure to perform its obligations outlined in this document where the failure results from any cause that is reasonably beyond the Company’s control, this includes, but is not limited to, a failure or reasonable degradation of electronics, mechanics, or communications systems.
- You agree to comply with all laws and regulations pertaining to the import or export of goods or information. In accordance with the U.S. Export Administration Act (“Act”), you warrant that you are:
- not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and,
- not otherwise prohibited under the Act from receiving such products and information.
If you have any questions regarding this Agreement, please contact us at Terms@QiKfunder.com.