Summary of Service

  • a) Innovation Fund is an online crowdfunding service and acts as a venue to allow individuals, groups and organizations (Campaign Creators) who comply with Innovation Fund’s policies to list campaigns and raise funds through selling items, experiences and offering services (“Rewards”) to new and existing Innovation Fund members (“Campaign Supporter”).
  • b) Campaign Creators run their campaigns through the site, email, websites, and other media (collectively, “Content”).
  • c) Campaign Creators, Campaign Supporters and other Innovation Fund members may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.
  • d) Innovation Fund is not directly involved in the transaction between Campaign Creators and Campaign Supporter. As a result, Innovation Fund has no control over the quality, safety, morality or legality of any aspect of the Rewards listed, the truth or accuracy of the listings, the ability of Campaign Creator to sell Rewards or the ability of Campaign Supporter to pay for Rewards. Innovation Factory does not transfer legal ownership of Rewards from Campaign Creator to Campaign Supporter.
  • e) Innovation Fund cannot guarantee the true identity, age and nationality of a member.

Acceptance of Terms

  • a) You agree that Innovation Fund is a venue and as such is not responsible for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties.
  • b) Innovation Fund reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of Innovation Fund following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
  • c) Innovation Fund reserves the right to change, suspend, or discontinue its service at any time for any reason. Innovation Factory may also impose limits on certain features and services or restrict your access to parts or the entire site without notice or liability.
  • d) Innovation Fund is available only to individuals who are at least 18 years old. You represent and warrant that you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract.

Rules and Conduct

  • a) Innovation Fund reserves the right to cancel a campaign listing and refund all associated members’ payments at any time for any reason. Innovation Fund reserves the right to remove a campaign listing from public listings for any reason.
  • b) Both parties are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency.
  • c) You are responsible for all of activity on Innovation Fund. You shall not submit any Content that:
    • i. 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;
    • ii. you know is false, misleading, or inaccurate;
    • iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, offensive, profane, or invasive of another’s privacy,
    • iv. constitutes unsolicited or unauthorized advertising or promotional material such as junk mail, spam, or chain letters
    • v. contains software viruses or any other computer codes, files, or programs 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 Innovation Fund or any third party;
    • vi. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
    • vii. impersonates any person or entity, including any employee or representative of Innovation Fund
  • d) You shall not use the Service:
    • i. To offer, sell or distribute:
      • 1. Controlled substances (such as steroids, narcotics, tobacco products, prescription drugs, marijuana), medical devices or products or services presenting a risk to consumer safety
      • 2. Drug paraphernalia
      • 3. Bullying, harassing, obscene or pornographic items, sexually oriented or explicit materials or services
      • 4. Stocks, bonds or other securities, real estate, insurance or banking or financial services
      • 5. Guns, ammunition, firearms, knives, weapons or accessories regulated by law
      • 6. Items promoting hate, personal injury, death, damage or destruction to property
      • 7. Items infringing or violating other’ Intellectual Property Rights, privacy rights or proprietary rights or wrongfully disclosing confidential information
    • ii. To engage in, or encourage, promote, facilitate or instruct others to engage in, activities which are legal or, in our judgment and discretion, result in:
      • 1. Infringing or violating others’ Intellectual Property Rights and/or privacy rights or wrongfully disclosing or using confidential information
      • 2. Promoting terrorism, abuse, libel, hate, personal injury, property damage, violence, racial intolerance or financial exploitation
      • 3. Causing risk of or actual personal injury or tangible or intangible property damage
      • 4. Defaming an individual or entity
      • 5. A betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme or game of contest of chance
      • 6. Unauthorized self-promotion
    • iii. To:
      • 1. Harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent
      • 2. Take any action that imposes, or may impost, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure or otherwise may be disruptive including but not limited to “flooding” any group with posts
      • 3. Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment
      • 4. SPAM or use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Innovation Fund servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
      • 5. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfere with the proper working of the Service or bypass measures to prevent or restrict access to the Service
      • 6. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hid or attempt to hide your identity
      • 7. Make any false or misleading Post (such as false or misleading information in the Campaign, in your Campaign Profile (such as misrepresenting the Beneficiary or Campaign purpose) or in a comment)
  • e) Campaign Creators agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in this document.

Registration

  • a) You may view Content on Innovation Fund without registering, but as a condition of using certain aspects of the website, you may be required to register and select a User ID and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.

Creating and Posting a Campaign

  • a) You may create and post your Campaign to Innovation Fund to showcase and share certain information about the Campaign and elicit feedback and financial contributions from other members by following the subsequent procedure and rules:
    • i. To Create a Campaign
      • 1. Register with the Site and click on Start A Campaign in the Site’s navigation bar
      • 2. Create a title for your Campaign (Title), set your goal for the total funds you with to raise (Campaign Goal) and the number of days you would like your Campaign to run (Deadline)(Minimum of 14 days, maximum of 30 days), select a Category that best fits your Campaign, enter a description & Backer Rewards, your PayPal email, name and location.
      • 3. Choose which type of funding you would like to use for you campaign: Fixed Funding or Flexible Funding
        • a) Fixed Funding means your Campaign Supporters will be refunded by Innovation Fund if you do not meet your Campaign Goal by the Deadline
          • i. Innovation Fund charges a 4% fee for Fixed Funding Campaigns
        • b) Flexible Funding means you keep the money you raise regardless of whether your Campaign Goal is met.
          • i. Innovation Fund charges a 4% fee if Goal is reached by the Deadline, an 8% fee if the Goal is not reached
      • 4. Click on the “Submit Campaign” button at the bottom of the page
    • ii. Special Rules Regarding Rewards
      • 1. You agree:
        • a) All Rewards must be lawful and otherwise comply with this Agreement.
        • b) To fulfill all Rewards and to respond promptly to all questions and comments regarding Rewards. If you are unable to fulfill a Reward, you will work with the Campaign Backer(s) to reach a mutually satisfactory resolution which may include, without limitation, issuing a refund promptly.
        • c) Innovation Fund is neither liable nor responsible for the fulfillment of Rewards, the failure to fulfill Rewards, the quality of the Rewards and as otherwise disclaimed or limited by this agreement.

Fees and Payments

  • a) Joining Innovation Fund 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 Site.
  • b) Funds pledged by Campaign Supporters are collected by Amazon Payments, Google Wallet or PayPal. Innovation Fund is not responsible for the performance of any of these platforms.
  • c) You are responsible to report properly, and timely pay, for all applicable taxes for all Contributions.

Third-Party Sites

  • a) The Service may permit you to link to other websites or resources on the internet, and other websites to 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

  • a) 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, patens, 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.
  • b) b. The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferrable 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 violated any third party right.

Intellectual Property

  • a) By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
    • i. The Company will not have any ownership rights over your User Submissions. However, the Company needs 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, transferrable right to (and allow others acting on its behalf to):
      • 1. 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 (collective, the “Trademarks”) in connection with
      • 2. Take whatever other action is required to perform and market the Service
      • 3. 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;
      • 4. 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.
    • ii. The foregoing license grant to the Company does not affect your ownership or license rights in your User Submissions, including the right to grand additional licenses to your User Submissions.
    • iii. You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
    • iv. You grand 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.
    • v. 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 Innovation Factory all of the license rights granted herein.
    • vi. You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.
    • vii. 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 right, copyrights, contract rights, or any other intellectual property or proprietary rights.
    • viii. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
    • ix. All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
    • x. The Company will not be liable for any errors or omissions in any Content.
    • xi. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
    • xii. 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.
  • b) In accordance with the Digital Millennium Copyright Act, Innovation Factory has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Innovation Fund may terminate User accounts even based on a single infringement.

Indemnification

  • a) You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, or any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

Warranty Disclaimer

  • a) 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 campaigns. You release the Company from all the liability for your having acquired or not acquired 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.
  • b) 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 campaign,
    • ii. Remove, edit, or modify any Content, including, but not limited to, any User Submission;
    • iii. Remove or block any User or User Submission. Innovation Fund reserves the right not to comment on the reasons for any of these actions.
  • c) The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, 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:
    • i. The Service will be secure or available at any particular time or location;
    • ii. Any defects or errors will be corrected;
    • iii. Any content or software available at or through the Service is free of viruses or other harmful components;
    • iv. The results of using the Service will meet your requirements.
  • d) 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.
  • e) The Company makes no guaranty of confidentiality or privacy of any communications 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.e. The Company makes no guaranty of confidentiality or privacy of any communications 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.
  • f) Electronic Communications Privacy Act Notice (18 USC §2701-2711): 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

  • a) 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 U.S. dollars ($100.00)
  • b) Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

International

  • a) Assessing 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

  • a) By using the Services, you consent to receive from Innovation Fund all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Innovation Fund 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.

Governing Law

  • a) These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of Delaware State and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sales of Goods. You agree that the Company and its Services are deemed a passive website that does not five rise to personal shareholders, either specific or general, in any jurisdiction other than the State of Delaware. You agree that any action at law or in equity arising out of relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Newcastle County in the State of Delaware 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

  • a) These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Company with respect the Service and govern the future relationship. If any provisions of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

  • a) The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
  • b) You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you warrant that you are:
    • i. not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time)
    • ii. not otherwise prohibited under the Export Laws from receiving such products and information.