FUNDINGCOW.ORG TERMS AND CONDITIONS
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, personal profile, Payment/Financial Information and credentials used by Users to access free or paid content and / or any communications System on the Website;
“Membership Level” means paid for premium access to the website where the Users will have a badge displayed on their profile that will describe the Users current Membership status.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Funding Cow” means Funding Cow Limited (“The Company”) of Registered address at Unit 307, 203 Mare Studios, London E8 3QE. Company Number 08941443.
“Funding Cow” means the website www.fundingcow.org is owned by Founding Cow Limited (“The Company”). BnkToTheFuture.com Limited is trading as fundingcow.org .
“Service” means collectively any online and or off line facilities, tools, services or information that fundingcow.org makes available through the Website either now or in the future;
“Services” means free or paid services available to you through this Website, including but not limited to our paid online membership levels such as the Silver; Gold; Platinum.
“Campaign” means a submission of any details / files (such as links to video pitch, screen cast pitch and or text content produced or uploaded) using the fundingcow.org website, or any other communication with any staff member at fundingcow.org to raise CrowdFund, CrowdInvest and CrowdLoan finance. From agreement to terms upon submitting the campaign until the expiration of the pre-determine funding deadline.
“Funding Cow member” means any user/member, and or Company that creates a campaign as a CrowdInvestee; CrowdFundee; or CrowdLoanee.
“CrowdFund” means the process of offering rewards to potential donors of a pitch through the fundingcow.org website.
“CrowdInvest” means the process of offering equity in a Company to potential Investors through the fundingcow.org website.
“CrowdLoan” means the process of offering interest to potential lenders through the fundincow.org website.
“CrowdFundee” means any member / profile on the fundingcow.org website that submits a CrowdFund pitch.
“CrowdInvestee” means any member / profile on the fundingcow.org website that submits a CrowdInvestment pitch.
“CrowdLoanee” means any member / profile on the fundingcow.org website that submits a CrowdLoan pitch.
“CrowdFunder” means any member/user that donates to a CrowdFund pitch on the fundingcow.org website, or contributes to a CrowdFund pitch in exchange for rewards.
“CrowdInvestor” means any member / profile that Invests in equity to a CrowdInvestment pitch on the fundingcow.org website.
“CrowdLender” means any member / profile that lends money to a CrowdLoan pitch on the fundingcow.org website.
“Payment Information” means any details required for donation; contribution; investment to CrowdFund pitches, and or for the purchase of Goods and Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, receipts, confirmation email receipt or similar that may be in hard copy or electronic form;
“Event Agreement” Events (Seminars / Workshop) run by fundingcow.org
Premises means our place of business located at Unit 307, 203 Mare Studios, London E8 3QE;
“System” means any online communications infrastructure that fundingcow.org makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Funding Cow Ltd and acting in the course of their employment;
“Website” means the website that you are currently using (fundingcow.org) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Persons over the age of 18 only are permitted to use this Website.
These Terms and Conditions also apply to customers procuring Services in the course of business.
Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Funding Cow Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by authorised personnel at Funding Cow Limited.
infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
you know is false, misleading, or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
contains software viruses or any other computer codes, files, or programmes that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
impersonates any person or entity, including any employee or representative of the Company.
Additionally, you shall not: take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Mail list, List serv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; modify, translate, or otherwise create derivative works of any part of the Service; or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; remove, edit, or modify any Content, including, but not limited to, any User Submission; and remove or block any User or User Submission.
fundingcow.org reserves the right not to comment on the reasons for any of these actions.
Website Intellectual Property Notice
Copyright Notice & copy; Funding Cow Limited, All Rights Reserved. The content of this website is protected by the copyright laws of England and Wales and by international laws and conventions. No content from this website may be copied, reproduced or revised without the prior written consent of Funding Cow Ltd. Copies of content may be saved and/or printed for personal use only.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Funding Cow members agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Member’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the project.
How Funding Cow works?
Funding Cow is a platform where people could run campaigns to fund projects by offering rewards to raise money from Backers. By creating a fundraising campaign on Funding Cow, you automatically become a Funding Cow member and are offering the public the opportunity to enter into a contract with you. By supporting a fundraising campaign on Funding Cow, you as the Supporter accept that offer and the contract between Supporter and Campaign Creator is formed. Funding Cow is not a party to that agreement between the Backer and Project Creator. All dealings are solely between Users.
By backing or creating a fundraising campaign on Funding Cow, you agree to be bound by this entire Agreement, including the following terms:
Supporters agree to provide their payment information at the time they pledge to a campaign. The payment will be collected at or after the campaign deadline and only if the amount of money pledged as of the deadline is at least equal to the fundraising goal. The amount Backers pledge is the amount they will be charged.
Backers consent to Funding cow and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
Backers agree to have sufficient funds or credit available before or at the campaign deadline to ensure that the pledge will be collectible at anytime or within 24 hours that the pledge has been made.
Backers may increase, decrease, or cancel their pledge at any time during the fundraising campaign, except that they may not cancel or reduce their pledge if the campaign is in its final 24 hours and the cancellation or reduction would drop the campaign below its goal.
The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
Campaign Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
For all campaigns, Funding Cow gives to the Project Creator each Backer’s User ID and pledge amount. For successful campaigns, Funding Cow additionally gives to the Project Creator each Backer’s name and email.
For some rewards, the Project Creator needs further information from Backers, such as a mailing address or t-shirt size, to enable the Project Creator to deliver the rewards. The Project Creator shall request the information directly from Backers at some point after the fundraising campaign is successful. To receive the reward, Backers agree to provide the requested information to the Project Creator within a reasonable amount of time.
Funding Cow does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
Project Creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
Because of occasional failures of payments from Backers, Funding Cow cannot guarantee the receipt by Project Creators of the amount pledged minus fees.
Funding Cow and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
Funding Cow reserves the right to cancel a pledge at any time and for any reason.
Funding Cow reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Funding Cow is not liable for any damages as a result of any of those actions. Funding Cow’s policy is not to comment on the reasons for any of those actions.
Project Creators should not take any action in reliance on having their project posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising campaign and access to the funds.
Funding Cow is not liable for any damages or loss incurred related to rewards or any other use of the Service. Funding Cow is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Funding Cow does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Funding Cow, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
Fees and Payments
Joining Funding Cow is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.
If a project is successfully funded, Funding Cow applies a 5% fee to the funds collected.
In the UK, pledges are processed securely through a third-party payments processor. The payment system fees are 5% plus £0.05 for pledges of less than £10, and 3% plus £0.20 for pledges of £10 or greater.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
The Company grants to each User of the Service a worldwide, non-exclusive and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
The Company will not have any ownership rights over your User Submissions. However, the Company and its affiliates need the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Funding Cow all of the license rights granted herein.
The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
The Company will not be liable for any errors or omissions in any Content.
The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
Funding Cow has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others.Funding Cow also may terminate User accounts even based on a single infringement.
Funding Cow will remove infringing materials if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Funding Cow’s Copyright Agent by submitting this form. You can also submit a notification by emailing us at firstname.lastname@example.org . Your notification should contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, sufficient for Funding Cow to locate the material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated copyright agent for notice of alleged copyright infringement is:
Funding Cow Ltd.
Attn: Legal Department
203 Mare Studios,
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Funding Cow reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred UK pounds (£100.00).
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from Funding Cow all communications including newsletters, notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Funding Cow may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with English law, without giving effect to any principles of conflicts of law, and without application of the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Funding Cow or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the United States or United Kingdom. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in New York or English courts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Integration and Severability
Updated: March 2014