These Terms of Service (The "Terms of Service") govern use of the websites and services(the "Services") of PledgeBox Inc., a Delaware corporation (together with its affiliates, "PledgeBox”), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, where such supplemental terms are incorporated by reference into the Terms of Service.
PledgeBox, provides a software service. It is a tool for crowdfunding for Project Creators.
In these Terms, we refer to these software services, provided through the Internet, web - sites, emails, applications, and other ways as the “Service”, “Services”, or as “PledgeBox”.
We refer to people and entities administering project surveys as “Project Creators” and to their surveys on PledgeBox as “Projects”.
We refer to those who have already funded a Project on another platform as “Platform Backers”, and that funding event as a “Platform Pledge”.
We refer to those funding a Project on PledgeBox (as a first occurrence funding event, or as an additional follow - up funding after a funding event on another platform) as “PledgeBox Backers”.
We refer to that funding event at a “PledgeBox Pledge”. We refer to both sets of the backers mentioned immediately above as “Backers”, and both sets of pledges mentioned immediately above as “Pledges”. Project Creators, Backer, and other visitors to the Services are referred to collectively as "Users." Users can have accounts on PledgeBox which represent informatioPledgeBox Limitedn personal to them, and accessible only by them (“User Account”).
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
PledgeBox has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of PledgeBox or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Links to Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by PledgeBox.
PledgeBox has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that PledgeBox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Relationships between Backers and Project Creators
PledgeBox provides PledgeBox as software service for Project Creators and nothing more. When a Project Creator posts a project on PledgeBox and allows PledgeBox Pledges, they’ re inviting other people to form a contract with them. Anyone who backs a project is accepting the Project Creator’ s offer and forming that contract. When this occurs, PledgeBox is not a party to this contract. The contract is a direct legal agreement between creators and their backers.
The Project Creator, not PledgeBox, is solely responsible for fulfilling the promises made to Users. If an obligation to deliver Rewards exists, it rests solely with the Project Creator, and not PledgeBox. If The Project Creator is unable to satisfy the terms of this agreement, they may be subject to legal action by Backers.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. 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. PledgeBox reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Pledge, or the Services at any time for any reason without liability.
Project Creators are not permitted to create a Project to solicit information from users for illegal activities, to cause harm to people or property, or to scam others. Users must comply with all applicable laws and regulations in connection with their Projects, including offering Rewards and using Pledges. Project Creators shall not make any false or misleading statements in connection with their Projects.
Campaign Owners are not permitted to use PledgeBox to offer or provide any of the following as a Reward:
* 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.
PledgeBox has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE.USE OF THE SERVICES IS AT USER 'S OWN RISK.
Limitation of Liability
In no event shall PledgeBox, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
These Terms shall be governed and construed in accordance with the laws of CA, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
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. PledgeBox provides a technology platform to allow Project Creators to connect with Backers and nothing more. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
PledgeBox makes no representations, warranties or other assertions as to the potential tax-deductible status of any Pledge by a Backer to a charitable cause or to a Project 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.
Unsolicited Idea Submissions
We are always pleased to hear from our Users and welcome their comments or suggestions. However, products, services, and features developed by PledgeBox or its Users might be similar or even identical to a submission received by PledgeBox or its Users. When we refer to a "submission" in this paragraph, we mean: any submission, comment, or suggestion(including, but not limited to, ideas, products, or services and suggested changes) made either on the PledgeBox platform or to PledgeBox about an existing product or service on, or a feature of, or a proposed addition to, the PledgeBox platform.
With regard to User submissions:
(1) all such submissions are non - confidential and nonproprietary and will be treated as non - confidential and nonproprietary;
(2) PledgeBox and PledgeBox Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) PledgeBox and PledgeBox Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
Entire Agreement / Severability
These Terms, along with any non - disclosure agreements signed by Project Creators, are the entire agreement between each User and PledgeBox regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. PledgeBox’ s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
PledgeBox may alter the Terms at any time, so please review them frequently. If a material change is made, PledgeBox may, but is not obligated to, notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate.
Copyright and Proprietary Information.
In this Agreement the content on the Services, including all information, writings, methods, services, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called "Content". All Content and all software available on the Services or used to create and operate the Services is the property of PledgeBox or its licensors, and is protected by domestic and international copyright laws, and all rights to the Services, such as Content and such software, are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PledgeBox.
Content provided by users is called "User Content." User Content includes, but it is not limited to, profile information supplied by users, posts, comments, and questions submitted to the Services, messaging to other users within the Services, certain biographical or business information supplied by users, technical information about the device you use to access the Services, and any information submitted by a user for display through the Services. User Content is that user's property. PledgeBox only right to that User Content is the limited licenses to it granted in this Agreement.
We respect the intellectual property rights of others. If you believe that content on our Services is infringing a copyright that belongs to you, please contact through the method below. We will review all claims that we receive of copyright infringement. If we deem that any content is in violation of applicable laws, we will remove it.
Our designated agent under the Digital Millennium Copyright Act for the receipt of any claimed infringement notifications is:
PledgeBox Limited. (AKA PledgeBox)
140 S LEMON AVE #5293
WALNUT, CA 91789
CAN - SPAM ACT COMPLIANCE
Users sending emails, directly or indirectly, in connection with a PledgeBox or PledgeBox, agree, acknowledge, represent and warrant that all such emails, and procurement of email addresses thereto, shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non - Solicited Pornography and Marketing Act and the Children 's Online Privacy Protection Act.
All subpoenas must be properly served on PledgeBox, preferably by mailing the subpoena to:
PledgeBox Limited. (AKA PledgeBox)
140 S LEMON AVE #5293
WALNUT, CA 91789
PledgeBox does not accept service via e - mail or fax and will not respond subpoenas delivered by email or fax, however, PledgeBox encourages duplicate copies of legal communications by email for convenience.
No agency, partnership, joint venture, employee - employer or franchiser - franchisee relationship is intended or created by this Agreement.
PledgeBox may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety, in connect with a merger, acquisition, or sale of assets or by operation of law or otherwise. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of PledgeBox. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.
The waiver or failure by PledgeBox to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of PledgeBox set forth in this Agreement are cumulative and are in addition to any rights or remedies PledgeBox may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
Headings / Interpretation
The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement. The list of Prohibited Products and Activities is separately maintained, and modifications thereto will not qualify as a change to this Agreement