Hey there, legal buff! Thank you for visiting PublicEquity’s exceedingly dull but also very important terms of agreement. We weren’t sure anyone was going to navigate to this page of their own free will, but here you are... so without further ado, the legal jargon you crave:
Terms of Agreement
PublicEquity offers a crowdfunding 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.
User certifies to the Company that if User is an individual (i.e., not a corporation) user is at least 18 years of age and able to form a legally binding contract. If the user is under the age of 18 years he / she will need the consent of a parent or legal guardian. User must provide a valid email address. User agrees that all registration information he / she submits will be 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.
You the User understand and agree that all Users’ Content related to your Campaign (ideas, text, images, video, data, scripts, posting, and software) will be displayed on the Company’s web site located at PublicEquityDetroit.com and web properties. You also agree that the Company may use your Campaign 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 deny and / or remove any User Content at its discretion, for whatever 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 fundraise for Business needs (startup, or existing business); 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.
PublicEquity 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). PublicEquity takes 5 percent of the money you’ve raised (after 4/15/16) if you’ve met your fundraising goal and 8 percent on the money you’ve raised if you don’t reach your fundraising goal. When a contributor pay by credit card, the credit card company and Stripe standard processing fees apply. Check with Stripe and credit card processors for current rates. Third-party fees do not apply for refunded contributions.
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 advised to consult with a tax professional for more information on your local tax laws.
PublicEquity 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 Stripe 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 Merchant nor the Company 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.
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.
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 (except if the Campaign is market “private” we will not be distributed outside your PublicEquity crowdfunding network). 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 PE (“PE Content”). PE Content is protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights to PE Content and the PE 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.
The funds committed to a campaign through the use of our crowdfunding Service are collected upon the completion of the campaign and are nonrefundable. Campaign supporters’ contributions are transferred to the account of the Campaign Creator upon successful completion of the campaign. 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 refund 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.
Delivery of Gifts and Rewards
The campaign creator is 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 reliability and obligations of Campaign creators in any way.
Limitations of Liability
You acknowledge that the company offers a crowdfunding service to users, and the actual providers of products, services, gifts, featured on the site are offered by the independent campaign creators, and third-party advertisers or affiliate, and not the Company. These campaign creators, affiliate, and advertisers are not agents, partners or employees of the Company. The Company shall not be 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, property damage, or any other damages or expenses resulted to a campaign, third-party affiliate, or advertiser.
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.