We may change these terms from time to time. If we do, we'll let you know by notifying you on the Site or by sending you an email. Access to or continued use of the Services after a change constitutes your acceptance of the revised Terms.
Pinkstart is a crowdfunding platform to allow LGBT creators ('Creators') to raise funds for their own projects, and to allow people to contribute to those projects ('Backers'). When backing a project, a direct agreement is established between the Creator and Backers. Pinkstart is NOT a part of this aggrement in any way, and it is not responsible of its compliance. Pinkstart is not responsible for any damages or losses related to your use of the Services. We do not become involved in disputes between Users
When you use the Services, you release Pinkstart 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 Services. All content you access through the Services is at your own risk. You're solely responsible for any resulting damage or loss to any party.
Users, Creators and Backers
Users may visit our Site anonymously, but you will need to register for some Services as Creating Campaigns or Backing Projects. To create an account ('Register'), you need to be at least 18 years old. We reserve the right to refuse use of the Services to anyone and to reject, and cancel or suspend accounts, campaigns, or any other Service provided by the Site at any time.
Creators can offer Rewards to their Backers. Creators are solely responsible for fulfilling the promises made in their project.
Creators will respond to the questions posed to them by Pinkstart or any Backer. If they're unable to satisfy the terms of this agreement, they may be subject to legal action by Backers Creators and Backers should try to reach a mutually satisfactory resolution, which may include refunding their Contributions. Campaign will comply with all applicable laws and regulations in the use of Contributions and delivery of Rewards. Creators are responsible for collecting and remitting any taxes on Contributions, which may vary depending on the Creator fiscal address.
Contributions are made freely and at the sole decision and risk of the Backer. Pinkstart does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Backers are solely responsible for determining how to treat their Contributions and receipt of any Rewards for tax purposes.
Payments and Refunds
Backers will only be charged if the project reaches its fundraising goal. Backers will provide their payment information when they pledge, but they won't be charged. The payment will only be charged if, the project reachs its fundraising goal. If the project doesn't reach its fundraising goal, Backers will not be charged.
In some cases we'll reserve the charge on your card. Pinkstart thought its payment partners may authorize a charge on your credit card for the amount of the Contribution. Exceptionaly, some non-profit organizations will be allowed to use 'Flexible Funding', which means they will receive the funds even if they don't reach their fundraising goal. In those cases, Backers will be charged when they pledge.
Our fees and our payment parther's fees will be charged on each payment transaction. The money will go directly from the Backer credit card to the Creator account without passing by any Pinkstart account. Exceptionaly, in the countries where our payment partner doesn't offer this feature, it should be necessary and intermediary transaction to transfer the funds to the Creators account. Consult www.stripe.com for more information
Creators must understand that some contributions won't be possible to be collected; for instance, when a Backers credit card expires. We can't guarantee that the amount you will receive be exactly equal to the amount of the contributions minus fees.
Creators using Stripe Connection acknowledge and agree to comply with Stripe Use Policies. Stripe processing fees apply in addition to our Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
Contributions, including the Service Fees portion thereof, are not refundable. Responsibility for finishing a project lies entirely with the Creator. Pinkstart doesn't hold funds on Creators' behalf, cannot guarantee Creators' work, and does not offer refunds.
Prohibited Campaigns and Rewards
Creators are not permitted to create campaigns to raise funds for illegal activities, to cause harm to people or property, or to scam others. Creators are not permitted to offer as a Reward any prohibited, or with special regulations, items such as: 'Securities' (Securities Act of 1933), participation or profit sharing, alcohol, controlled substrances or drugs, weapons, any form of lottery or gambling, or any other element prohibited by any applicable law, statute, ordinance or regulation.
We make no representations about the quality of the rewards or contributions. We do not guaranty that Creators will deliver the rewards or that contributions will be used as described in the project. Users use the Services at their own risk.
Do not break the law: Do not offer prohibited rewards. Do not promote violence, discrimination, abuse or hate. Do not discriminate based on any reason, by specifically on race, ethnic origin, religion, disability, gender, age, sexual orietaion or gender identity.
Be accurate and do not spam: Do not post false information. Do not do anything fraudulent. Do not spam the comments sections or other Users with unsolicited adverticing or promotional material including junk mail. Do not abuse other users' personal information. The backers' information, you may receive as a successful creator, is solely provided for the purpose of parcipating in that project, and it is not permitted to use it for other purporses.
Do not interfere in the proper working of the Site Services: Do not bypass any measure put in place to secure the Service. Do not try to damage or get unauthorized access to any system, data, password or any other user information, belonging to Pinkstart or another third-party. Do not take any action that imposes an unreasonable load on our infraestruture, or on our third-party providers (We reserve the right to determine what is reasonable). Do not use any manual or automated software or device to spider any part of the Site.
We reserve the right to remove any User Accounts for such activities.
Pinkstart grants Users, a limited, non-transferable , non-exclusive, revocable license for personal use only. This licence covers own protected contente and user-generated content on the Site.
Register an account and creating campaigns is free. We do not charge any fees to Backers. We do charge our Fees to Creators as a small part of the Contributions they raise. By using the Services Users agree to our Fees listed here http://www.pinkstart.me/#pricing. Changes to Fees will effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Stripe processing fees apply in addition to our Fees. Stripe is solely responsible for establishing those fees, that can be consulted in their Site http://www.stripe.com
Funds raided may be classified by the Taxing Autorithies in diverse ways depending on diferent criteria. Creators, as beneficiaries of the funds, are responsible for declaring the Contributions as income in the proper way.
When Creators submit a project for review, grant Pinkstart and others acting on our behalf the wordwide, non-exclusive, transferable, royalty-free, perpetual, sublicensable license to use, store, reproduce, modify, commercialize, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities.
Content 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. Royalties or licensing on Creators content, are their responsibility. Creators will be responsible of paying all royalties if those apply.
Creators warrants that their Content and our use of such Content will not infringe any third party's including (without limitation) proprietary rights, intellectual property rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms. Pinkstart will not be liable for any errors or omissions in any content.
Pinkstart may contain links to other websites, project pages, advertisers, or services that are not owned or controlled by us. Accessing to or using third-party sites are at User's own risk. Pinkstart partners with Stripe fro payment processing. When Users Create or Back a projet are also agreeing to this payment processor's terms of service.
You agree to defend, indemnify and hold us harmless 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 Pinkstart. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defenses.
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, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PINKSTART SHALL CREATE ANY WARRANTY. YOU USE OUR SERVICES IS AT USER'S OWN RISK.
Limitation of Liability
PINKSTART (INCLUDING ITS DIRECTORS, EMPLOYEES, PARTNERS, SUBCONTRACTORS OR CONTENT PROVIDERS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, including but not limited to damages (i) resulting from THE use of, the inability to access or the use the Services; for any data loss, or cost of procurement or substitute goods or services; FOR DAMAGES EXCEEDING ONE HUNDRED U.S. DOLLARS ($100.00).
Users can terminate their User Account at any time but Pinkstart may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms of this agreement survive termination, including, without limitation, our rights regarding any content you've already submitted to the Site.
This Agreement shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Changes to Terms
Pinkstart may alter the Terms at any time. Pinkstart may notify Users by email, or by a notice on the Site. Changes will be determined at Pinkstart sole discretion.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement (unauthorized or not permitted use of copyrighted material or other intellectual property rights) 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 us at firstname.lastname@example.org.
In accordance with the DMCA and other applicable laws, We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)