CrowdRaising.co Terms of Use



Introduction

Welcome to crowdraising.co, an ideaphore LLC website. By using this site, You agree to all of the Terms of Use as they are at the time You use the site including this User Agreement, and the Privacy Policy. If You do not or cannot agree to any of the Terms of Use, You must stop using this Site and our Services. We are currently in beta testing and ideaphore may modify any of the Terms of Use without notice and post changes here. But if we plan to change something important, we will do our best to give Members notice and a reasonable period to opt out. Any time You use our Site or any of our Services, the Terms of Use posted at that time apply.

Nothing on this site may be taken as legal advice. You should consult an attorney if You have a legal question.

ideaphore is not entering into a joint venture with You under these Terms of Use or by Your use of this Site. ideaphore is not a bank, fiduciary, or escrow.

Capitalized words are defined at the end of this Agreement

Becoming a Member

Some features require registration. To become and remain a registered Member, You must:

  1. Be 18 years-of-age or older. We may ask for proof of age if necessary.
  2. Provide true, accurate, and complete information on all forms.
  3. Update Your Account information if it changes.
  4. Own the rights to any words and attachments You post, including for Your profile.

Accounts are not transferable without ideaphore's written permission. Only one user account permitted per person.

How the Site Works

Ideaphore provides a platform where individuals, companies, or startups ("Organizer") can post a campaign describing a planned project. By running a Campaign, an Organizer is inviting other Users to pledge their time to help with the project, if the pledge goal is met, in exchange for the listed reward(s).

Unless otherwise noted in writing, Ideaphore is NOT in any way a party to the agreements between users created on this Site. The contracts are solely between the pledging Users and the campaign Organizer.

This is how a Crowdraising Campaign works:

  1. An Organizer asks Users to pledge a set amount of time to perform specified tasks in exchange for the listed reward(s). These are requests for proposals ("RFPs"). RFPs may have qualifications that limit eligibility to participate.
  2. By clicking the "Pledge Time" button, a User submits a proposal to devote a specified amount of time to the task in return for the reward(s).
  3. The Organizer has until up to 5 business days after the Campaign expires to accept or reject the pledge. Acceptance of a pledge constitutes an offer for contract that can only be accepted by completing the listed task for the pledged amount of time.
  4. If the Campaign goal is not met, all pledges become void.
  5. If a crowdraising goal is met, the Organizer has a period of not more than 6 months to claim the pledged time from all accepted pledges.
  6. To claim pledged time, an Organizer must provide each pledging User with a sufficiently detailed and clear explanation of the requested task to permit a person skilled in the relevant field to complete it.
  7. When a Pledger returns the work product (within no more than 30 days unless otherwise agreed to in writing), if the work product is of reasonable quality created with the Pledgers best efforts, a contract is formed and Pledger's right to the reward(s) vests. Once the reward(s) vest, Organizer must deliver the reward(s) as soon as practicable, and in no event longer than 6 months, after receiving the work product.
  8. 6 months after a successful Crowdraising Campaign (one where the goal was met), unclaimed time pledged by qualified pledgers are forfeited by the organizer and reward(s) become due as if the work was satisfactorily completed.


Both the organizer and the individuals understand that dates and other predictions listed in a campaign are merely estimates and are subject to change. The Organizer may need personal information like your name, address, phone number, etc in order to send you your reward. If You give your personal information directly to the Organizer you do so at your own risk and under that Organizer's privacy policy. To collect such rewards, you must respond within a reasonable period of time after being asked.

Work for Hire and Credit

Unless otherwise agreed to in writing between Users, all work done through this Site is "Work For Hire" under the United States Copyright Act of 1976 with regard to all Intellectual Property Rights. All projects will remain the sole and exclusive property of campaign Organizer. If for any reason the results and proceeds of Pledger's services are determined not to be a work made for hire, Pledger hereby assigns to Organizer all to Intellectual Property Rights, title and interest therein, including all copyrights as well as renewals and extensions thereto.

Credit for the work must be clearly visible and placed somewhere conspicuous if a substantial portion of Pledger's work is used in Organizer's final product. No inadvertent failure by Organizer to comply with the credit line shall constitute a breach of this Agreement.

You May NOT do these things

  1. Give false information or impersonate another person.
  2. Insert advertisements, bots, or code into our site without our permission.
  3. Attempt to gain unauthorized access to or interfere with the function of this Site or its infrastructure.
  4. Engage in "spidering", "screen scraping," "database scraping," harvesting, or any other automatic means of obtaining any content on this site including Members' personal information.
  5. Use the site in violation of any law or regulation.
  6. Provide medical, legal, tax, or other professional advice that You are not licensed to.
  7. Post a project or offer a reward involving alcohol, tobacco, or firearms in any way.
  8. Discriminate on the basis of national origin, race, color, religion, disability, sex, or familial status.



Usernames and Passwords

We assume that any person using Your username and password is You. If You tell someone or let them on the Site with Your login information, You give them permission to use the Site and Services a though they are You.

Note that ideaphore and its employees will never ask You for Your password and do not have access to it. You should never give Your password to anyone that You do not authorize to use Your account as You. If You believe someone has unauthorized access to Your account, change Your password and let us know as soon as possible. ideaphore may reclaim Your username if it conflicts with someone else's business name or trademark or misrepresents Your identity.



Account Suspension or Termination

If ideaphore thinks it is appropriate, ideaphore can refuse, suspend, or terminate Your Account and access to the Site and other ideaphore Services, without prior notice. We will give notice when possible. Termination could include a permanent deletion of all Your data on the Site and a refusal to provide services in the future. ideaphore is not liable for any damages associated with the suspension or termination of a User's Account. ideaphore does not discriminate on the basis of national origin, race, color, religion, disability, sex, and familial status If ideaphore suspends or Terminates Your account or content You submitted, ideaphore has the right, but not the obligation, to notify other members with whom You may have had dealings on the site and to tell them why we did that. Nothing in this Agreement prevents ideaphore from or obligates us to taking legal action against a User. Membership is free. You do not have to pay any fees to view campaigns or to pledge time. ideaphore will charge a fee to campaign organizers to run campaigns. This fee will be clearly posted on this Site.



Fees and Payments

You authorize ideaphore and its payment-processing firm to verify the available funds at the time You make a payment, to deduct from Your account when You have authorized a transaction and funds are available and to deposit funds into Your account when they are due to You.



Content Posted by Users

Most of the content on this site was posted by third party Members or Sponsors, not ideaphore. Everything posted by third parties on this Site is the responsibility of whomever posted it, NOT ideaphore. You are solely responsible for all of the content that You post, upload, publish, display, link to, or otherwise make available through the Site, and You agree that we are only acting as a conduit for Your content. Ideaphore may but is not obligated to remove Your content if we find it to:

  1. Be inaccurate, untruthful, or omit material information.
  2. Harass other users or anyone else.
  3. Infringe anyone's Intellectual Property Rights or breach any confidentiality.
  4. Violate any law, regulation, statute, ordinance, or any lawful rights of a third party.
  5. Violate any of the Terms of Use posted on the Site.
  6. Solicit or encourage others to violate a law or any of the Terms of Use.
  7. Be designed to interfere with the proper working of the Site or anyone else's computer.
  8. Be designed to collect Users' personal information or automatically collect information from this site.
  9. Be obscene, pornographic, or otherwise dangerous to minors.
  10. Otherwise purposefully misuse the Site.



Ratings and Feedback

Feedback and Ratings for Members will consist of comments and ratings left by other Members. You have no right or title to Your ratings, feedback, or steam and You cannot buy, sell, or transfer any of it.

ideaphore may calculate and publish a composite feedback and rating based on the above individual ratings provided by Members as modified by the a proprietary algorithm that ideaphore is not obligated to disclose.

ideaphore is not in any way responsible for any consequences caused by feedback or ratings.

The following actions are prohibited on this Site with regard to feedback, and ratings:

  1. Leaving feedback for Yourself, whether You use Your or someone else's login.
  2. Engaging another user in a transaction with the primary purpose of leaving feedback for the User.
  3. Soliciting other Users to leave fake or inaccurate feedback including paying for feedback.
  4. Threatening negative feedback to induce another User to perform a task not required by the Terms of Use.
  5. Withholding anything owed to another under the Terms of Use to induce another to leave positive feedback.

ideaphore will investigate and has the right, but is not obligated, to remove posted feedback for any reason.



License To ideaphore

By posting content anywhere on the Site, You give ideaphore all worldwide, transferable, irrevocable, perpetual, free rights required to retain it, display it publically, and review it for compliance with the Terms of Use. ideaphore will only use Your information as explained in the Privacy Policy posted on this Site.



ideaphore's Intellectual Property

We worked hard on the look and feel of our site, including our logo and user interface. You may not reproduce, duplicate, copy, sell, or resell any portion of the Site (except content You post, view, or buy, of course). ideaphore retains all rights, title, and interest in the all of contents of the Site and to all patent rights, inventions, copyrights, know-how, trade dress, and trade secrets created by ideaphore and used on the Site.



Third Party Links

This Site may contain links to other websites, services, applications, or resources. ideaphore does not control the content on those other sites and is not responsible for it.

If You want to link to this site or a portion of it, the link must be to the full page. You cannot host, link to, or embed any image or page on this Site directly, even if it is modified unless otherwise agreed to in writing.



Disclaimers

THIS PART HAS TO BE IN ALL CAPS. IT'S A LEGAL THING.

WE PROVIDE THE SERVICES AND ALL CONTENT ON IT, INCLUDING CONTENT IDEAPHORE CREATED, "AS-IS," WITH ALL FAULTS, AND "AS AVAILABLE." WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION ON THE SITE.

IDEAPHORE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARDS TO THE SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. IDEAPHORE SHALL NOT BE LIABLE FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY CLAIM OF DELAY FROM PAYMENT PROCESSING OR OTHERWISE. YOU AGREE TO BEAR ALL THE RISK FOR RELYING ON ANY IDEA POSTED ON THIS SITE, REGARDLESS OF WHO POSTED IT. YOUR JURISDICTION MAY NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTY SO SOME OR ALL OF THE ABOVE MAY NOT APPLY.

You are responsible for creation, storage, and backup of Your business records. This Agreement and any registration for or use of the Site does not create any responsibility on ideaphore's part to store, backup, retain, or grant access to any information or data for any period.

We have implemented commercially reasonable technical and organizational measures to secure Your information from accidental loss and unauthorized access, use, or alteration. However, we cannot and do not guarantee that unauthorized third parties will never be able to defeat those measures. We will inform Users promptly if we become aware of any breach of security and do our best to end and mitigate it.



Indemnity

You agree to defend, hold harmless, and indemnify ideaphore from all losses, costs, expenses, attorneys' fees, damages, or other liabilities incurred by ideaphore arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third party against ideaphore regarding:

  1. Payment obligations You incurred through use of the Site.
  2. Breach of contract or other legal claims arising from Your interaction with another User on the Site.
  3. Your breach of any provision of the Terms of Use.
  4. Your negligent or intentional wrongdoing.
  5. Your violation of any laws, regulations, rules, or ordinances.
  6. Your violation of any third party's intellectual property or other rights.


This indemnification shall be conditioned on ideaphore:

  1. Notifying You in writing of any such claim, demand, action, cost, liability, loss, or threat of any of those things within a reasonable time.
  2. Cooperating with You in the defense or settlement of any of those things.
  3. Allowing You to control such defense or settlement.
  4. Being entitled to participate in that defense through our own counsel at our own cost and expense.



Severability and Ambiguities

If for any reason a court of competent jurisdiction finds any provision of these terms or portion thereof, to be unenforceable, that provision shall be enforced to maximum extent permissible so as to affect the intent of this Agreement, and the remainder of the terms shall be enforced.



Disputes Between Users and ideaphore

You agree that any dispute or claim between You and ideaphore that cannot be resolved by negotiation and mediation within 30 days shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of New York, New York, in accordance with the United States Arbitration Act under the laws of New York. In the event a dispute between users over the identity of a Pledger, the holder of the registered email address at the time of the Pledge will have any right to the listed Reward.



Disputes Between Users

ideaphore is not a party to any transaction between Members on this Site. All rights, liabilities, and obligations for the transfer of Ideas are solely between Users and Members. ideaphore does not guarantee any payments or refunds from a third party.

Any matters that cannot be resolved by mediation or negotiation shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act under the laws of New York.

You release ideaphore from claims, demands, and damages (actual and consequential) known and unknown, arising out of such dispute.



Assignment

ideaphore may assign this Agreement in its sole discretion, for instance in a sale of its assets. ideaphore will give notice of any such assignment to Members. You may not assign Your rights or obligations under this Agreement to another.



Disasters

The Parties to this Agreement are not responsible for any failure of or delay in performance of any obligation which is due to natural disasters, labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such Party. The time for performance of such party shall be extended by the period reasonably required by such delay.



Maintenance

The Site may need to be taken down for maintenance, updates, or due to exigent circumstances. You relieve ideaphore from any liability or losses that may be associated with that down-time. ideaphore will do its best to minimize downtime and give advanced warnings to Members whenever possible.



Copyright Takedown Notices

If You believe Your copyright is being infringed by a user of this Site, please send an email that contains the information listed below to ideaphore staff at support@ideapho.re. We must receive a separate email for every time You wish to report infringing activity on the ideaphore Site. To be effective notice under the Digital Millennium Copyright Act, 17 USC. ยง 512(c)(3)(A), a notification of claimed infringement must be a written communication that includes substantially the following:

  1. The signature of the owner or a person authorized to act on behalf of the owner of the allegedly infringed work.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ideaphore to locate the material.
  4. Information reasonably sufficient to permit ideaphore to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.



Campaigns, Contests, Challenges, and Other Activities

Any contests, challenges, activities, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such contest, challenge, activity, survey, or promotion, you will become subject to those rules. ideaphore urges you to read the applicable rules, which are shown on the page describing the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. The sponsor of the activity, and not ideaphore, is solely responsible for distribution of any prizes or awards. In the event there is a dispute between users as to who won a prize the owner of the email address, registered to the winning Member, at the time the winning entry was submitted will receive the prize.

You have no right or title to any of the Badges or other virtual rewards that you earn on this site. Nor do Badges or other virtual rewards have any monetary value, they cannot be redeemed for any compensation. Badges and other virtual rewards may not be transferred without ideaphore's written consent and the act of transferring them voids them.



Defined Terms

Account: The information stored for a User when the User registers for, and uses, the site.

CrowdRaising Campaign: A listing on CrowdRaising.co that describes a project, a goal for pledged time, tasks, and rewards.

ideaphore: ideaphore LLC and any related entity, sister entity, parent entity, employees, directors, officers, shareholders, owners, and assigns.

Intellectual Property Rights: Patents, copyrights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, industrial design, or trade secret.

Member: A User that has registered on the Site.

Organizer: The individual, company, startup, or other entity that publishes a campaign on this Site.

Pledge: A non-binding promise to spend a specified amount on time doing a specified Task.

Reward: Free products, discounts, promotional items, money, or equity offered in exchange for pledged time.

Service(s): All services accessible through the Site whether provided by ideaphore, an Affiliate, or a third party.

Site: https://crowdraising.co, and all affiliated website URLs, mobile website URLs, mobile phone applications, tablet applications, computer applications, or any other products or services provided by ideaphore.

Task: Any work requested through the site by a Campaign Organizer.

User: Anyone that accesses the site for any purpose.

You: The person(s) accessing the site or the individual or company on whose behalf the Site is accessed.