Terms

Terms of Use Agreement

This Terms of Use may be referred to herein as the “Agreement”, and the “TOU” (Terms of Use).  FundLocalBiz may be referred to herein as “FLB”, “the Company”, the “Site”, “US”, OR “WE”.  The Company’s crowdfunding services is referred to as the “Services”.  “Users” are anyone that uses our web site. A “Campaign Creator” and a “Project Creator” shall mean the same thing, that is people or organizations that use our crowdfunding platform to raise money. A Campaign Creator creates a FLB crowdfunding site for the purpose of raising money to fund a project or idea herein called a “Campaign” or “Project.”  “Campaign or Project Contributors” “Campaign or Project Supporters,” and Donors are the same–-people and / or organizations that make financial donations to Campaigns. “User Content” is defined as any information, including but not limited to, text, images, video, audio, software, data, scripts, posting, provided by the User of our services or any services associated with usage of the site. The above aforementioned defined terms may be written in uppercase, lowercase, or a combination.

FundLocalBiz  offers a crowdfuning service for individuals, groups and organizations to raise money over the Internet. Registered user create “Campaigns” and raise money from “Contributors” who pledge financial support to the User’s Campaign.

Please read the following Terms of Use agreement (“Agreement”) prior to joining and using FundLocalBiz.com’s services.  By using FundLocalBiz.com (the “Site”) services (the “Service”) you (the “User”) agree to the terms of this Agreement and our Privacy policy.  You also agree that we may modify the terms of this Agreement and the Privacy Policy form time to time. Changes to this agreement will be posted on this site. Use of our service after the posting of any amendments to this Agreement acknowledges acceptances of new terms.

BY USING THIS SITE AS EITHER A CAMPAIGN CREATOR OR  A CONTRIBUTOR TO A CAMPAIGN  AND / BY OR CLICKING ON ANY “DONATE NOW”,  “CREAT CAMPAIGN” "SIGN UP", OR “LOGIN” BUTTON ON FUNDLOCALBIZ.COM, BINDS YOU  TO ALL THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY.

Registration

User certifies to the Company that if User is an individual (i.e., not a corporation) user is at least 18 years of age.  If the user is under the age of 18 years he / she will need the consent of a parent or legal guardian who agrees to be bound by these  TOU.  

User must provide a valid email address. User agree that all registration information he / she submitted is truthful and accurate. User shall not impersonate a real person, or existing legal organization. User will be held liable for any misrepresentation.  The Company is not required to perform background investigation or verify the identity of Users of the Services.

User is required to register and create a password  in order to use the “Services”. You are entirely responsible for maintaining and keeping the confidentiality of your password.   You are solely responsible for any and all activities that occur under your account. You the User agree to immediately notify the Company of unauthorized use of your account. The Company will not be liable for any unauthorized use of your account or any other breach of security.  Furthermore, the Company will not be held liable for any loss, or damage that you may incur as a result of unauthorized use of your account. Moreover, you could be held liable for losses incurred by the Company or another party as a result of unauthorized use of your account.

User Content

By posting, distributing, or uploading content on FLB site, you the User understand and agree that  all Users’ Content related to your Campaign (ideas, text, images, video, data, scripts, posting, software) will be displayed on the Company’s web site located at FundLocalBiz.com and associated web properties. User hereby grants to the Company (and represent and warrant that User has all necessary rights to grant) a non-exclusive, royalty free, perpetual world-wide license to said content for the purpose of promoting User Campaign and the Company and to derive revenue or other  remuneration from such User Content.  You also agree that the Company may use User content in its marketing and promotional initiatives  to generate exposure and awareness of the Services and User Campaigns.  User understands that the Company does not own, control,  endorse, or verifies any information related to  any User’s Campaign and postings. The Company does not guarantee that any User Content will be made available on the Site.  Furthermore, the Company reserves the right to  edit, modify, adapt, copy, publish, translate, or remove any User Content at its discretion, for what ever reason if deems necessary to do so.

Prohibited Use and prohibited User Content

You agree to adhere to all applicable laws, including, but not limited to local, domestic, national and international laws and regulations.    The following list provides examples of the type of User Content that is not allowed and that you will not provide. This list is only an example of  types of user content that is not allowed, as we cannot possibly list all prohibited content.  We will not allow:

• Content that impersonates a real person, entity, or organization.
• Content that is inaccurate, false, deceptive, and / or misleading.
• Content that infringes upon trademarks, trade secrets, patents, copyrights, or any other proprietary rights of any other person or entity or contractual agreement.
• Content that is abusive, racist, harassing, defamatory,  threatening, profane, libelous, sexually explicit, links to adult content, excessive violence, vulgar and  obscene.
• Content that involves pyramid schemes, chain letters, spam, unsolicited or unauthorized advertising, lottery, gambling, sweepstakes, and other similar content.
• Use of malware, viruses or any type of potentially disruptive codes or action that could interfere with the operations of the Services.
• Content that promotes any illegal services or products.
• Content that endorses or encourages criminal conduct.

Suitable Fundraising Campaigns

Our platform is suitable for all type of campaigns as long as the campaign and / or content is not prohibited as outline in this here TOU and is compliant with all applicable local, domestic, national, and international laws and regulations.  Users can fundraiser for  Personal needs (wedding, honeymoon, medical expense, legal, personal expenses, etc.); Business needs (startup, or existing business); Social needs (family reunion, block party, social private club, vacation);  and charitable needs.

Use of Service

You agree not to use the Services in any way that will violate the law and regulations (local, state, national and international) or this Agreement. User will be responsible for all his / her actions with use of the Company’s site.

Fees

FundLocalBiz is free to join and there are no hidden or recurring fee.   You use our services to raise money for your cause.  Unlike other crowdfunding site, you get to keep the money you’ve raised regardless of whether you’ve reached your target fundraising goal or not. (This option is only available for certain types of projects:  only for projects  that can still meet their promised reward and gift obligations made during  a campaign).  FundLocalBiz takes 5 percent of the money you’ve raised.   When a contributor pay by credit card or PayPal, the credit card company and PayPal standard processing fees apply.  Check with PayPal and credit card processors for current rates.  Third-party fees do not apply for refunded contributions.  If a project requires a minimum funding goal, and that goal was not met,  a refund will be given to all contributors.

Tax

User is responsible for paying all applicable taxes, as funds raised using the Service could be taxable as income. Financial contributions could be deductible in certain situations.  User is advise to consult with a tax professional for more information on your local tax laws.

Data Storage & Security

FLB may employ methodologies and technological security, such as encryption, back-up data, password protection, and other reasonable measures to help protect your personally identifiable information from unauthorized access.  The Company relies on third-party secure servers, such as PayPal when certain types of sensitive data and information is transferred and received, such as financial and personally identifiable information.  The credit card information from a User that  will only be used for this transaction on a secure third-party online payment platform.  Neither the campaign creator   nor  FundLocalBiz  will have access  to a user’s credit card information. Even though we take every known precaution to secure your data, no data transmission over the public internet can be guaranteed to be 100% secure.  Furthermore, User agrees that FundLocalBiz has no responsibility and no liability for the storage or deletion of any User Content summitted to FundLocalbiz.  

Electronic Communication 

The Company will communicate with you the user via electronically, either by posting notice on the Web site or sending electronic mail (email).  By using our Services You agree that any agreements, notices, disclosures,  receipts, conformations,  or other communications provided to you by the Company electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

We may send you information and updates pertaining to your account, in addition to periodic Company news, updates and / or related product or services.  We will keep this a minimum. However, you may opt-out at any time by unsubscribing.  We may also retain the content of your email messages used to correspond with us.

Termination

1. The Company may terminate this Agreement, your account, and / or access to the Services during any time.  Such termination may be proceeded by a termination notice either posted on the company’s web site or emailed to you.
2. You the user may terminate this Agreement for any reason at any time by either, i.) discontinuing to use the Service and the company’s web site; ii) providing us notice to close your account.

Transfer and Modification Rights

The Company will from time to time offer promotional deals, which may include special rates,  introducing new  services, rewards, and contests.  We will advise you of this by posting any new changes on this site.  However, such changes may or may not apply to you and this agreement.

The Company reserves the right to assign, transfer or delegate all or any of its rights or obligations under this Agreement to any Companies at its sole discretion.  Furthermore, the Company  reserves the right, at its sole discretion, to revise, change, modify, add, or remove any portion of the Service or this Agreement, in whole or in part, at any time. Any changes in ownership, rights, or obligations will be posted on the Company’s web site.

Right to Content (and Campaign)

The Company does not claim any ownership rights to content (refer to definition of User content) submitted by the User and third-party partners and / or affiliates.  Even after posting content to our site the user continue to retain any such rights that he / she may already have.  By posting content to the Company’s web site you give us a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content through or in connection with the Company’s crowdfunding services.  By using our Service, you understand and agree that your content is provided at your own risk.

• The Company’s web site contain content of FLB (“FLB Content”). FLB Content is protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights to FLB Content and the FLB Services.  The Company’s web site also contains User Content. You may not copy, broadcast, modify, distribute, sell or otherwise use any User Content that appears on the Company’s web site.
• The Company’s web site contains content of third party entities, that are not Users.  Third-party content is protected by copyright, trademark, patent and other laws.

Use of Donor Funds

You donate money to a campaign at  your own risk. Therefore,  it is your responsibility to understand how your money will be used. FLB is not responsible for any rewards, perks, or promises made or offered by Campaign creators.  FLB do not and cannot verify the information that Users or Campaign creators supply, nor do we represent or guarantee that the Donations will be used in accordance with any specific fundraising purpose promoted  by a User or Campaingn creator or in accordance with applicable laws.

Refunds

The funds collected for campaigns through the use of our crowdfunding Service are non-refundable. Campaign supporters’ contributions are  transferred to the account of the Campaign Creator. The Company will not be responsible for issuing refunds to Campaign Supporters. If in certain rare circumstance that a refund is due back to a Campaign Supporter, and the Company decides to issue a refund to the Campaign Supporter, the Campaign Creator must comply and immediately reimburse the Company for the entire amount refunded, plus any associated costs.  A Campaign Creator can always  refund a Campaign Supporter at their own discretion. Contact the Campaign Creators for information about refunds. 

Delivery of Gifts and Rewards

You the Campaign creator are solely  responsible for delivering gifts, rewards and any and all promised items and gifts  mentioned in your Campaign.  We encourage Campaign Supporter to  contact the Campaign Creators for more information, and or if you haven’t received the gift or promised item. The  Company will not be held responsible for liability and obligations of Campaign creators in any way.

Warranty Disclaimer

Neither the Company, or affiliated or related entities, including third-parties, nor the service providers, nor any person involved in the creation, production, and distribution of this web site, warrant that the functions contained in this web site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. We do not warrant or make any representations regarding the result that may be obtained from the use of this web site, or as to the reliability, accuracy, usefulness, or currency of any content, service and / or merchandise acquired pursuant to your use of this web site. You use this web site at your own risk.  All content on the Company’s web site is provided “as is” and without warranties of any kind. 

Indemnification

You the User agree to indemnify, defend and hold the Company, its parents, subsidiaries, affiliates, officers, partners, and employees, harmless from any claims, demand, liability, expense, or loss, (including reasonable attorneys’ fees and other legal costs), that arise from or relate to your use or misuse of FLB, our Privacy Policy and or your violation of our TOU agreement. 

Limitations of Liability

The Company is not liable, in any event, be it direct or indirect, for the acts, omissions, errors, representations, breaches, warranties, or negligence of any such party or for any personal injuries, death, data loss, money,  property damage, or any other damages or expenses resulted to a use of the Company web properties including Fundlocalbiz.com.  In no event shall the Company’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

Disputes and Arbitration

All disputes arising out of this Policy and our TOU or use of the Company’s Web Site shall be exclusively resolved under confidential binding arbitration held in the state or federal courts located in Maine,  United States.

Privacy

Your privacy is very important to us.  Please review our Privacy Policy to learn how we use and protect your personally identifiable information.  By using this site you agree to the terms of this agreement and understand and agree with our Privacy Policy.

Contact us

Please feel free to contact us with any questions, comments, or concerns regarding this Terms of Use Agreement. Contact Us.