Black Crowd Funders
Effective Date: September 11, 2015
Within these Terms, we refer to individuals raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to individuals contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Campaign Owners, Contributors, and other visitors to the Services are referred to collectively as “Users.”
Black Crowd Funders is an online crowdfunding venue for individuals and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Rewards”) to Contributors. Rewards are not offered for sale. Black Crowd Funders makes no representations about the quality, safety, morality, or legality of any Campaign, Reward, or Contribution, or to the truth or accuracy of User Content (as defined below) posted on the Services. Black Crowd Funders does not represent that Campaign Owners will deliver Reward or that Contributions will be used as described in the Campaign. Users use the Services at their own risk.
- User Eligibility
You must be 18 years of age or older to use the Services on this Website. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian, who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Black Crowd Funders reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time, for any reason, without liability.
- Prohibited Campaigns
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam the public. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Rewards and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
- Prohibited Rewards
Campaign Owners are not permitted to offer or provide any of the following as a Reward to Users:
- any form of “security” (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition, and related accessories;
- any form of lottery or gambling;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
- Content Guidelines
User content must not:
- Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights.
- Be likely to deceive any person.
- Promote illegal activity, advocate, promote or assist an unlawful act.
- Cause annoyance, inconvenience, or needless anxiety to another person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales.
- Prohibited Visual Elements in Campaign Images
Campaign Owners are prohibited from doing the following with Campaign images:
- Incorporating Black Crowd Funders’ colors and branding elements, including but not limited to logos, colored frames, borders or badges;
- Including any visual element that could be interpreted to have been produced by Black Crowd Funders, including but not limited to banners, progress bars, or funding stats;
- Including any visual element that communicate endorsement by Black Crowd Funders.
- Prohibited Uses
You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Services:
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Guidelines.
- Transmit, procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam,” or any other solicitation.
- Impersonate or attempt to impersonate the Company, its employees, or another User or entity.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
- Use any robot, spider, or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any Service material; introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, server, or any server, computer, database connected to the Services.
- Disputes between Campaign Owners and Contributors
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Rewards). Black Crowd Funders does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Owner. Black Crowd Funders is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, Black Crowd Funders is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Reward, Black Crowd Funders may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
- Access to Services and Security
We reserve the right to withdraw or amend these Services or any service or material we provide on the website, in our sole discretion without notice. Further, we are not liable if for any reason all or any part of the Services are unavailable at any time or period.
- Accuracy of Information
We try to be as accurate as possible when describing our services on the website, but do not warrant that the Services’ descriptions, articles, and posts or other content available on the Services are accurate, complete, reliable, current, or error-free. The material on this website is provided for general information only, and any reliance on said material is at your own risk. We therefore reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
- User License
Black Crowd Funders grants each User a limited, non-exclusive, non-transferable, and revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
- Campaign Owners
Campaign Owners are permitted to offer Rewards to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Rewards). Campaign Owners will respond promptly and truthfully to all questions posed to them by Black Crowd Funders or any Contributor. If any Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivering any Rewards), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. Campaign Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Rewards. Campaign Owners are responsible for collecting and remitting any taxes on Contributions and any taxes due in connection with Rewards. Black Crowd Funders may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse, or refund any Contributions or other amounts without notice or liability, in the event we are unable to verify any such information to our satisfaction.
- User Content
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, photos, videos, text, graphics, logo artwork, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials. Any User Content to the Services is considered non-confidential and non-proprietary and by providing User Content, you grant us, service providers, and respective licensees, successors, and assigns the right to a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Black Crowd Funders, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
You understand and acknowledge that you are responsible for any User Content you submit, not Black Crowd Funders, and have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party, for the content of accuracy of any User Content.
Black Crowd Funders does not guarantee that Content will be used as promised, that Campaign Owners will deliver Rewards, or that the Campaign will achieve its goals. Black Crowd Funders does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Reward, or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Rewards for tax purposes. If a Contribution is returned to a Contributor, the associated Rewards, if any, shall be canceled.
- Intellectual Property
This website, Services, the Company name, the terms “Black Crowd Funders,” its logos, service marks, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of), are owned by Black Crowd Funders, its licensors, or other providers of such material, and are protected by the United States and International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Copyright Infringement and the Digital Millennium Copyright Act of 1998
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the “DMCA”) or that any User Content infringes such User’s intellectual property rights and is accessible the Services, please notify Black Crowd Funders’ Legal Department at (). “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the “Complainant”) must provide the following information in writing (the “Notice of Infringement”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- 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 Indiegogo to locate the material;
- Information reasonably sufficient to permit Indiegogo to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted;
- A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
The above information must be submitted to the Black Crowd Funders’ DMCA agent (the “DMCA Agent”) by email to the following addresses:
Black Crowd Funders
Attention: Site Administrator
If any User (the “Respondent”) believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the “Counter Notice”) with the DMCA Agent, including the following information within five (5) business days from receipt of the Notice of Infringement:
- A physical or electronic signature of the Respondent;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- The name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Black Crowd Funders, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than fourteen (14) business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
BLACK CROWD FUNDERS WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, Black Crowd Funders has adopted a policy of terminating, in appropriate circumstances and at Black Crowd Funders’ sole discretion, repeat infringers. We respect the intellectual property of others. If you believe that a User Contribution copied content in a way that constitutes copyright infringement, please email us at firstname.lastname@example.org, to notify us of a claimed infringement.
- Service Fees
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the “Service Fees”). By using the Services, Users agree to our Service Fees listed here (7%). Changes and updated Service Fees are effective immediately after posting notice of the changes on the Services.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Black Crowd Funders will ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Black Crowd Funders will provide Campaign Owners with a tax document if required by the relevant taxing authorities.
Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion”) on the Services without Black Crowd Funders prior written permission (which may be granted or withheld by Black Crowd Funders in its sole and absolute discretion). Campaign Owners may request permission from Black Crowd Funders by sending an email to email@example.com. Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that: (a) such Campaign Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (a) Black Crowd Funders does not sponsor, endorse or administer the Promotion; (b) each participant or entrant in the Promotion releases Black Crowd Funders from any and all liability; and (c) all questions concerning the Promotion must be directed to the Campaign Owner and not to Black Crowd Funders.
- Third Party Website and Links
- Payment Services
Campaigner Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Campaign Owners on Black Crowd Funders are provided by [name] and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By continuing to operate as a Campaign Owner on Black Crowd Funders, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Black Crowd Funders enabling credit card payment processing services through Stripe, you agree to provide Black Crowd Funders accurate and complete information about you and your business, and you authorize Black Crowd Funders to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
- Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
USE OF THE SERVICES, WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLACK CROWD FUNDERS NOR ANY PERSON ASSOCIATED WITH BLACK CROWD FUNDERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BLACK CROWD FUNDERS NOR ANYONE ASSOCIATED WITH BLACK CROWD FUNDERS REPRESENTS OR WARRANTS THAT THE SERVICES, WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BLACK CROWD FUNDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability
IN NO EVENT WILL BLACK CROWD FUNDERS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE BLOG WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Black Crowd Funders without restriction or consent.
- Consent to Receive Notices Electronically by Posting on the Site and Via Email
- Governing Law and Jurisdiction
In the event of a dispute between the Parties involving this Agreement, both Parties will attempt to negotiate a resolution. If the Parties cannot resolve the dispute through negotiation, then the Parties agree to resolve their dispute through mediation or binding arbitration. If all negotiation, arbitration and mediation attempts fail, then Parties shall proceed under the applicable laws of Illinois.
If a controversy or claim arising out of or relating to this Agreement, or the breach thereof, is arbitrated it shall be binding and administered by the American Arbitration Association under Commercial Arbitration Rules. The number of arbitrators shall be three (3) and they shall be chosen by the American Arbitration Association. The place of arbitration shall be Chicago, Illinois. Illinois law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If legal action is needed to enforce the terms of this Agreement, each Party shall pay their respective attorney’s fees, court costs and any other fees incurred in enforcing the terms of this Agreement.
All subpoenas must be properly served on Black Crowd Funders, preferably by mailing the subpoena to Jackson Corporate Law Offices, our nation registered agent. Please find below the Illinois address for Jamal Jackson:
Jamal Jackson, JD/MBa
Jackson Corporate Law Offices, P.C.
111 W. Jackson Blvd. Suite 1700
Chicago, IL 60604
Attention: Black Crowd Funders – Subpoena
Black Crowd Funders does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Black Crowd Funders merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Black Crowd Funders makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax-advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
- Waiver and Severability
- Entire Agreement
All feedback, comments, questions, requests for technical support, and other communications regarding the Services should be directed to:
Black Crowd Funders