CAMPAIGN OWNER AGREEMENT
Campaign is individual property of the Campaigner and the views images videos & offers or rewards in the campaigns are campaigner's personal ones and Mycrowndfunding.org website has no role to play in that.
This crowdfunding campaign agreement (hereinafter "Agreement") is a legal and binding contract between you (being an individual or an incorporated or unincorporated legal entity, partnership or otherwise, hereinafter referred to as "Campaign Owner") and Mycrowdfunding as a company registered either in your country or Mycrowdfunding.org websitewhich is Saath e commerce pvt ltd company registered in india which ever is applicable at the time of your registration. We set out the terms and conditions for campaigning and crowdfunding through Mycrowdfunding on Mycrowdfunding.org website.
You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, views/offers or rewards or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services.
The following are examples of the kind of content and/or use that is illegal or prohibited by Mycrowdfunding.org
- Any unacceptable content may be pornographic or racial or anything that may cause a potential harm or distress to any other person
- Any monetary rewards claiming to give/offer any return on investment
- Any equity linked scheme
- Any fund raising that may be for the causes of violence, public protests, terrorism or any similar thing of disrupt
- Content which is copied with the proper Copyrights
However, this list is not exhaustive and Mycrowdfunding reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in Mycrowdfunding's sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when Mycrowdfunding reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Please email on [email protected] in case you have any doubts or confusions and we shall be happy to assist you.
The definition of some of the terms used in this Agreement, in alphabetical order, are as follows:
- "Campaign" : Any idea or a cause or effort or event for which a Campaign Owner wishes to raise funds on the Platform. The campaign proposed to be conducted or undertaken by the Campaign Owner on the Platform for the purposes of raising monies or receiving contributions for any Campaign, as per the terms of this Agreement and those prescribed by Mycrowdfunding at the time of approving the Campaign and/ or the Campaign. Campaign Owners cannot start campaigns that involve loans, investments, equity, shares, contributions for any illegal activities or anything related to a criminal investigation.
- "Campaign Page" : The page/s on Mycrowdfunding.org where the donors will be able to make their contributions and where all the promotional materials (videos, images, information, graphics, etc.) that the Campaign Owners wish to use to raise funds for their Campaign, shall reside. Mycrowdfunding holds the sole right and discretion to decide what campaign material or promotion it allows and disallows on its platform.
- "Funder" : Any individual, company, organization, trust or any other entity that supports any Campaign by contributing funds to a Campaign.
- "Funding" : The financial contributions received from Funders towards a Campaign.
- "Intellectual Property Rights" : means any and all now known or hereafter tangible and intangible rights associated with works of authorship, including but not limited to copyrights, moral rights and mask-works; trademark and trade name rights and similar rights; trade secret rights; and all other Intellectual Property Rights of every kind and nature throughout the universe and however designated, whether arising by operation of law, contract, license, or otherwise.
- "Platform" : The website Mycrowdfunding.org & the app for Android & iPhone by the name Mycrowdfunding on the Google Play and App Stores are defined as the platform.
- "Total Funds Raised" : The total value of Funding (net of any refunds of Funding) that a Campaign has received at the end of the Funding Period.
- "Visitor" : Any person, company, organization, entity, etc. which accesses any part of the website of Mycrowdfunding or any Campaign Page. Irrespective of whether the person chooses to contribute funds or not, they can show their support through sharing the Campaign / Campaign details on any media (including social media networks).
Campaign set up: The Campaign Owner shall be solely responsible for creating his/ her or its own Campaign Pages within the format provided by Mycrowdfunding . The Campaign Owner must source all relevant content to be published on the Campaign Page/s himself/ herself/ itself and must do so in compliance with applicable local & international laws, including all intellectual property laws, copyright laws and confidentiality laws. The Campaign Owner shall ensure that the Campaign Page does not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless the Campaign Owner has necessary permission from the rightful owner of the material, or is otherwise legally entitled to post the material (and to further grant Mycrowdfunding all the license and rights as outlined in more detail below).
Any Campaign that is to be launched on Mycrowdfunding shall be done after Mycrowdfunding has approved the content of the Campaign Page including the pitch, the video, rewards, Information, imagery & graphics, team information etc. Any feedback from Mycrowdfunding requiring the Campaign Owner to modify any part of the Campaign Page must be implemented by the Campaign Owner. Mycrowdfunding reserves and shall have the absolute right and discretion to prevent or prohibit unsatisfactory or undesirable campaigns from going live or being hosted on its Platform.
While creating the Campaign on Mycrowdfunding.org , the Campaign Owner shall commit to an update frequency to be adhered to for the period of implementation of the project, endeavor, purpose, etc. of the Campaign.
Any Campaign may be withdrawn by the Campaign Owner at any point before the end of the Funding Period. Once a Campaign is withdrawn, the Campaign Owner shall not be entitled to any Funding nor be entitled to resume such Campaign at a later date and cannot retain or claim any of the Funding received prior to the withdrawal. The placement of the Campaign Page as to where it appears on the website Mycrowdfunding.org or the app shall be determined solely by Mycrowdfunding at its exclusive discretion.
Exclusivity: The Campaign Owner shall not, directly or indirectly, run or be associated with any other crowdfunding campaign on any other website or platform, whether in residing country or abroad, with respect to any Campaign, while running the said Campaign on Mycrowdfunding . All the funding for such Campaign must be made through Mycrowdfunding.org . However the Campaign Owner may run multiple crowdfunding Campaigns on Mycrowdfunding with respect to one or more Campaigns at the sole discretion of Mycrowdfunding .
- Funding: Mycrowdfunding does not guarantee any funding and shall not be responsible for any failure on part of the Campaign Owner in securing Funds from Funders. Mycrowdfunding may delay, withhold, cancel or refund any funding or other amounts without giving any notice and incurring any liability to the Campaign Owner in case it is unable to verify any information relating to such Funding to its satisfaction.
- The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Mycrowdfunding facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. Mycrowdfunding is not a broker, agent, financial institution, creditor or insurer for any user. Mycrowdfunding has no control over the conduct of, or any information provided by, a Campaign Organizer or a Charity, and Mycrowdfunding hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
- Mycrowdfunding branding & credits on promotional material: The Campaign Owner shall include Mycrowdfunding 's logo & branding on all Campaign and/or Campaign related marketing material. This pertains to both online & offline material & includes online banners, posters, leaflets, email shots etc. Mycrowdfunding will provide the logo and other branding guidelines to be used and usage of which is to be pre-approved by Mycrowdfunding before using the same. The Campaign Owner shall ensure that Mycrowdfunding is credited as the "Online Crowdfunding Partner" in all Campaign related online and offline promotions, events, PR & advertising. The Campaign Owner also agrees that in the event of a successful Campaign, Mycrowdfunding shall be entitled to use the Campaign Owner's brand & Campaign as an example of a successful campaign both on or off the Platform & in any of Mycrowdfunding's communication as it may seem fit including in PR articles and offline PR events.
- Campaign marketing: The Campaign Owner shall be solely responsible for marketing the Campaign to his/ her/ its customers, well-wisher's, friends, family, acquaintances, followers etc. through various online & offline channels as may be deemed fit. The responsibility of ensuring the success of any Campaign shall be solely the responsibility of the Campaign Owner. The Campaign Owner acknowledges and accepts that the Platform is merely a facilitator which is in the nature of a marketplace for the purposes of raising funds for a Campaign.
- Mycrowdfunding does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity.
- Foreign funds: Foreign contributions may be made to Campaigns provided the Campaign is eligible for receiving such foreign contribution and adheres to applicable residing country laws and such contribution is received in accordance with applicable laws relating to foreign exchange. The Campaign Owner shall ensure that any registrations, certificates, licenses, etc. which may be required for the purposes of receiving foreign contributions are obtained and remain valid during the Funding Period. Copies of all such registrations would need to be submitted to Mycrowdfunding prior to the finalization of the Campaign. It shall be the Campaign Owners' sole responsibility and liability to ensure that a Campaign is entitled to receive contributions from Foreign Funders and that such contributions are received in accordance with applicable laws and regulations. Mycrowdfunding shall not be liable or accountable whatsoever for any violation or circumvention or other non-compliance with respect to foreign contributions. However, Mycrowdfunding may, at its sole discretion, not permit overseas Funders from making any contributions if it comes to the notice of Mycrowdfunding that a Campaign is not eligible to receive such funds.
- Contributions & Refunds: Funders may make contributions by different methods [this will include credit card/ debit cards/ e- wallets/ net banking and other forms of transferring money]. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy at https://Mycrowdfunding.org/safety. If you have reason to believe that a Campaign Organizer or Charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign or Charity to alert our team of this potential issue and we will investigate..
- Campaigns: You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction's applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Mycrowdfunding and Mycrowdfunding.org reserves the right to, provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation..
- Campaign Rewards: The Campaign Owner may offer rewards in the form of tangible items or intangible services to Funders as an incentive to contribute to the Campaign. However, such rewards shall, under no circumstances whatsoever, be financial in nature (e.g. - profit share, revenue share, interest on amount contributed, ownership/equity stake in lieu of contribution, loans, investments, etc). The Campaign Owner cannot offer tobacco, drugs or drug paraphernalia, contests, raffles, or lifetime memberships, firearms, weapons, knives, weapon accessories or replicas of weapons etc.
- Dashboards / reporting & privacy: The Campaign Owner will be provided with real time information on the performance of the Campaign by way of a detailed set of quantitative data that Mycrowdfunding collates & collects on the Funders and Users who visit and/ or use to the Campaign Page. Information pertaining to the Funders would include data such as name, contact information, contributions made, rewards opted for etc., in the dashboards & analytics section of the Campaign Owners profile. The contact details pertaining to Funders who have opted for a refund of their contributions during the course of the Campaign will not be provided to the Campaign Owner. Mycrowdfunding is neither responsible nor liable for incorrect information provided by Funders or for any direct, indirect or consequential liabilities in respect of such incorrect information.