Terms Of Use

Fundervine terms of use and how they apply to you

By using the site or service in any manner, including but not limited to visiting or browsing the site, you agree to be bound by this agreement. This agreement applies to all users of the site or service, including users who are also contributors of content, information, and other materials or services on the site.
The website http://www.Fundervine.com is referred to as the Fundervine platform.

1. Introduction
2. Different user types of Fundervine.com
3. Fundervine.com Registration
4. Pledge Rewards
5. Intellectual Property
6. Ending use of Fundervine.com.
7. Privacy policy.
8. The Fundervine.com Role
9. Fundervine.com Website Unavailability
10. Third Party Websites and Resources
11. Misuse or Abuse of the Fundervine.com Platform
12. Contact from Third Parties.
13. Additional Services and Roles.
14. Security of Fundervine.com.
15. Limitation of Liability
16. Indemnity.erve the right to take over the conduct of the matter in connection with such defence and settlement, including (without limitation) by executing documents.
17. Fundervine.com Suspension and Termination
18. Assignment and Subcontracting.
19. Terms of Use Contract in its Entirety.
20. General Acceptance.
21. Change of Terms of Use Contract

1. Introduction
This Terms of Use statement is a legal document, which sets out your rights and obligations, and those of Fundervine.com (“us”), in relation to this site (“www.Fundervine.coms”) and the services offered by us through it. You must take the time to read and understand it.  By registering for or using Fundervine.com, you accept that you are entering into a contract with us on the terms of this Terms of Use Contract contract. You should be aware that these Terms of Use may change from time to time in accordance with section 23 below.

2.  Different user types of Fundervine.com
We support two user types:
Project Owners: These are the companies and individuals who register funding projects for music and film projects with us.
Crowd Funders: These are the users who browse our site and who may or may not contribute to the funding of the Project Owners projects.
For an outline on the service provided by Fundervine.com, please read the “How It Works” and “FAQ” pages.

3.  Fundervine Registration
By registering with Fundervine.com you are enabled to use the platform as a Project Owner or a Crowd Funder. If you agree to register with Fundervine.com, you agree to the Terms of Use of Fundervine.com as well as updating your profile with accurate information about yourself. Your financial details as a Project Owner will only entail entering your payola email address for payment of any funds due to you. It is your responsibility for ensuring the accuracy of the details you enter. For UK payments by bank transfer we will contact you on completion of the funding period for these details.
Crowd Funders will be able to pay by payola directly without the need to store their financial information on the Fundervine site.

As part of the registration process with Fundervine.com you will be required to verify your e-mail account. This is with the purpose of ensuring that the e-mail address that you nominated is under your control.
Fundervine.com reserve the right to accept or refuse membership applications and any membership may be revoked at any time without any notification, written or otherwise.

4. Project Rewards
Project rewards are goods or services that are provided to Crowd funders in return for financial contributions to a project. Project owners may offer up to 20 different pledge reward types with an unlimited number of each pledge reward type.
Upon achieving the target funding successfully, project owners will fulfill all project rewards promised at the outset of the project within the time specified in the project document.

The project reward fulfillment process is the sole responsibility of the project owners and as such they are required to ensure that they have full and adequate information from the crowd fundersto enable them to fulfill their pledge rewards.
Fundervine.com are not party to, and shall not be held responsible for, transaction, agreements and or disputes between backers and project owners in connection to the fulfillment process.

The payment processor that Fundervine.com use are not party to, and shall not be held responsible for, transaction, agreements and or disputes between backers and project owners in connection to the fulfillment process.
Fundervine.com does not store credit card details nor do we share customer details with any 3rd parties.

5.  Intellectual Property


The content on this website is provided ‘as is’, and Fundervine.com give no representation or warranty as to the accuracy of the content and assumes no responsibility for errors or omissions in it or the effect it has upon your computer. This site includes links to other sites on the Internet. Fundervine.com cannot vouch for the suitability or accuracy of the content of those sites and so you use them at your own risk. Any references to linked sites or to third-party companies, products or services by name does not constitute or infer its endorsement by Fundervine.com.

The information available on the site might from time to time be incomplete, out of date or inaccurate. Fundervine.com reserves the right at any time and without prior notice to make changes and corrections to the material on the site or to make parts or all of this site unavailable at any time without notice.

Fundervine.com disclaims all liability in respect of all information and its provision, and shall not be liable for any loss or damages suffered as a result of any use of the site. Although Fundervine.com aims to keep it up to date, Fundervine.com does not guarantee its accuracy. Fundervine.com does try to make this site as useful as possible, none of the material it contains is professional advice or a substitute for it, and can not be relied upon as such.
Unless specified to the contrary, the contents of this website and these pages are protected by copyright.

The authors and creators of the material on the website assert their moral rights. The Fundervine.com logos and contents of this website (including text, design and graphics) are copyrighted materials of Fundervine.com. All rights are reserved. They may not be used, transmitted or reproduced unless in accordance with prior written instructions issued by Fundervine.com. No use, transmission or reproduction is permitted without our express, prior permission.

Any text, or material (including video or images) that is associated with a user of Fundervine.com, or part of the registration of a user with Fundervine.com, is referred to as “User Content” from here onwards. By uploading user content onto the Fundervine.com platform a user expressly grants the following:
Fundervine.com non exclusive rights to license, use, reproduce, modify, market and distribute all user content throughout the Fundervine.com platform as well as any related Fundervine.com sites;
Other users the non-exclusive, personal, non transferable right to use and reproduce the relevant user content for both personal and public performance;
All copyright, trade marks and intellectual property relating to Fundervine.com and any user content are owned by or controlled by Fundervine.com or the relevant individual user that has uploaded the content.

By uploading user content onto the Fundervine.com platform the user accepts that they are the sole owner or authorized person (namely as the author or the authorized representative) without contestation. There is a “cooling off” period of 7 days after a project has been “submitted to Go Live”, should a Project Owner wish to remove any content uploaded to the Fundervine.com platform. If a request to remove content is made after this cooling period Fundervine.com reserve the right to keep the content “Live” on the platform. All content “live” on the platform is subject to the Fundervine.com Intellectual Property terms.

The Fundervine.com copyright team is located and contactable with the details below:
Attn: Copyright Agent
, Fundervine.com Ltd, 
105 Clifton Drive, 
Blackpool,
 Lancashire,
 FY4 1RS

Email: info@Fundervine.com

6. Ending use of Fundervine.com.


Users may cease to browse, interact with Fundervine.com and or any of our subsidiary sites at any time. This cessation of use does not give a user the right to remove content from Fundervine.com or request the removal of any content from Fundervine.com regardless of whether the user was the originator of the content in question. All obligations and rights handed over to Fundervine.com under the articles outlined in section 5 of this Terms of Use contract remain in force regardless of whether a user continues or discontinues their use of the Fundervine.com platform.

7. Privacy policy. 


Your privacy is paramount to us and our privacy policy shows how we protect it.
Our privacy policy is an integral part of the Terms of Use contract outlined here, and by agreeing to this contract, you also give your consent to the way that your personal data and information submitted by you is handled under our privacy policy outlined in a separate agreement on the Fundervine.com website.
If you create a Fundervine.com project, please remember that it is a public page and that Fundervine.com is for everyone.

We never store credit card details nor do we share customer details with any 3rd parties.

8. The Fundervine.com Role
Fundervine.com are not and can not be held responsible for the behaviour of users whether on the Fundervine.com site or externally. Whilst we endeavour to keep the user content that is loaded onto the Fundervine.com platform as suitable for general viewing we can not be held responsible if you are exposed to indecent, offensive or objectionable material that infringes on our Terms of Use contract.
Under no circumstances are we liable or responsible for user content shown on the Fundervine.com platform.
We are not party, or involved in the pledge fulfillment process and should a query be raised on the delivery of the pledge rewards this should be taken up with the project owner directly. If there are any disputes with regards to transactions and offers solicited on the Fundervine.com platform this is to be treated as a case external to Fundervine.com.

Fundervine.com will endeavour to pass control of the funds of a project that has reached target funding within an allotted timeframe, to the Project Owner in a timely manner. In order to do this, the Project Owner will be required to give Fundervine.com a working bank account’s details that can be linked to a Fundervine.com Paypal account, or a Paypal account. Should the Project Owner wish to receive the funds via Paypal there may be an additional charge of up to 3% taken by Paypal.

You the user acknowledge that it is not the role of Fundervine.com to act as mediator, negotiator or even communicator between a project owner and a backer and as such absolve Fundervine.com of any responsibility with regards to the pledge reward process.
In the event of a dispute, you release Fundervine.com, 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 our service.

You the user acknowledge that it is not the role of Fundervine.com to ensure the safe delivery of Project Rewards and in the case of a dispute between a crowd funder and the project owner, you absolve Fundervine.com of any responsibility with regards to the project reward process. Fundervine.com advise project owners to ensure delivery for pledge rewards is made within 30 days using either Royal Mail (recorded delivery) or a reputable courier.

Fundervine.com makes no guarantees regarding the performance of Paypal or any payments processing system in place for fundraising on the Fundervine.com site. Due to the failure of some credit and debit cards, Fundervine.com cannot guarantee the full receipt of a pledge, nor act as a guarantor for the funding to reach the full amount. If the funding total exceeds the target amount designated by the project specification, the additional funds will be paid to the Project Owners on satisfactory completion of the project (i.e fulfilment of rewards to crowd funders).

If a project is unsuccessful in reaching the full target funding, then Fundervine.com will issue refunds to all backers of the project. The amount refunded will be the initial pledge total minus the payment processor refund fees that can vary from 50p for a £1 pledge, to 3% of the total amount pledged. It is not the responsability of Fundervine.com or the Fundervine.com designated payment processor to issue a refund for the full amount pledged.

9. Fundervine.com Website Unavailability
Fundervine.com can not guarentee that the website will run smoothly 100% of the time as there will be periods of site construction and modification. During periods when the website is not functioning as per normal, Fundervine.com accept no responsibility for the loss or potential loss of any funding opportunities.
Fundervine.com do not accept any liability caused by the website being inaccessible and reserve the right to make all content unavailable to users for sustained periods of time.

10. Third Party Websites and Resources
The service may link or permit you to link to other websites or resources on the internet, and external sources may link back to the Fundervine.com site. When you access a third party site this is done at your own risk. The other websites are externally controlled and thus outside of Fundervine.com responsaibilty or liability.

The company is not responsabile or liable for any aspect of the content, the functionality, legaility or appropriatenss of any third party site. Inclusion of links, images or videos on the Fundervine.com website does not imply an endorsement by the company, nor any association with the operators or employees of the company.

You acknowledge that the company shall not be held responsaible or liable for any damage or loss caused or alleged to be cause in connection with the use of or reliance on any such content, goods or services available on or through other third party websites or resources.

We reserve the right to terminate, suspend or remove any content on the site as well as limit/restrict access to parts of the site to all users if the user content appears to be in breach of any provision or part of this Terms of Use agreement. We reserve the right to remove all content submitted by any user that is in breach, not just the content that appears to be in breach. Every user is responsible for the content that they have uploaded to the site and as such must ensure that the use and exploitation of said content under this Terms of Use contract:

Does not infringe the rights of any third parties or any laws or regulations, including (in the European Union) the Data Protection Directive (95/46/EC), the Directive on Privacy and Electronic Communications (2002/58/EC), the Electronic Commerce Directive (00/31/EC) and the Distance Selling Directive (97/7/EC), and any national implementations thereof, in any country where any message is originated or delivered;
  does not breach any criminal laws including but not limited to the Communications Act 2003, the Protection from Harassment Act 1997, The Protection of Children Act 1978, the Sexual Offences Act 2003, the Obscene Publications Act 1959 and the Obscene Publications Act 1964.
  is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
  is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
  does not contain any defamatory or racist material, or depict or advocate drug taking, violence or the use of weapons, or include abundant or gratuitous swearing or coarse language;
  does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
  does not breach the rights of any person or entity (including copyright or any rights or expectations of privacy), and has the prior documented consent of all persons appearing in the User Content;
  does not advertise any goods or services, except that Founders may use Fundervine.com to advertise and promote their own careers and the goods and services associated with projects featured in Fundervine.com.

Each User also agrees not to disrupt or interfere with a backer’s contribution to a project or a Project owner’s (or our) commercial objectives.

If a User sees or experiences any User Content, or any content, activity or communication undertaken or appearing on, through or in connection with Fundervine.com, that appears to infringe the above, please notify us – providing full details of the material in question – at support@Fundervine.com

12. Contact from Third Parties.


By submitting content to the site, you agree that should any third party make contact or attempt to communicate with you, then you will endeavour to do the following:
Provide all reasonable information and help with regards to the query as is relevant to your content uploaded; and
Respond in a timely fashion with as much accuracy as could reasonably be expected.
Users should note that these points apply not just to contact from third parties, but also to enquiries passed on through us.

13. Additional Services and Roles. 


We constantly adding new features to the site, users may receive contact from us with regards to these additional services.
Provided that a user is notified of any change of activity and any subsequent changes in the Terms of Use, either by writing or e-mail, then the user accepts to comply with all the new terms governing these new services. Where the change of services offered by Fundervine.com is relatively small Fundervine.com reserve the right to implement the change without an update to both the Terms of Use or a notification to the users. Should we significantly alter a service already offered on our site, then any changes of service will be accompanied by notifications to the user subject to the same terms outlined above.
Any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Terms of Use Contract.

14. Security of Fundervine.com.


For security or other reasons, you may be required to change your password or other information, which facilitates access to Fundervine.com; however, we will never ask you for your password.  You are solely responsible for maintaining the confidentiality of your password and any additional identifying information. For this reason please do not share any personal information or your password with anyone else.

15. 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.
IF YOU DO NOT AGREE WITH THIS LIMITATION OF LIABILITY YOU ARE FORBIDDEN TO USE OR ACCESS Fundervine.com AND ARE IN BREACH OF THIS TERMS OF USE CONTRACT.
Fundervine.com is presented ‘as is’ and as such if we cannot guarantee that Fundervine.com will meet your requirements, including (without limitation) as to the quality, availability or speed of delivery of any User Content and subsequent funding. Any user of the Fundervine.com site does so at their own risk and any use of the site is down in the knowledge that pledging money or posting fundraising opportunities run an inherent risk of non delivery and or not achieving the funding requirement.

16. Indemnity.
In all events the company, its directors, employees, agents, partners are indemnified against all costs, claims, expenses and liabilities arising out of action, demands, allegations or proceeding by any person or entity (including without limitation, any regulator) by the users of the site. The user agrees to indemnify us in the following situations:
Should any content on the site infringe third party copyright or ownership rights including the use of licensed materials;
Should any user have breached article 12. or any part of this Terms of Use Contract.

By indemnifying us, the user agrees the following:
that the indemnifier is responsible for notifying us any matter which has been contested or disputed;
the indemnifier is responsible for the defence and settlement of all issues in the matter, provided that both the indemnifier and the indemnified is confident that the indemnifier is capable of conducting the defence sensibly. In the absence of this confidence the indemnified reserve the right to take over the conduct of the matter in connection with such defence and settlement, including (without limitation) by executing documents.

17.  Fundervine.com Suspension and Termination
We reserve the right to suspend and or terminate all services associated with the site and any aspect under the control of the company at any time for any length of time without any compensation or recourse from users.
Should the company wish to terminate the site and its ancilliary services a notice will be issued on the site informing all users that it is management’s intention to cease the operation of the site

18. Assignment and Subcontracting. 


We reserve the right to subcontract or assign this Terms of Use Contract, and any of our rights and or obligations contained therein to any third party, subject to us not reducing any guarentees offered in this Terms of Use Contract.
You he user may not subcontract or assign any of your rights or obligations without prior written consent from Fundervine.com management.

19. Terms of Use Contract in its Entirety.
Management believe that this Terms of Use Contract is both fair and reasonable and should be used in relation to all arrangements and agreements between you the user and any aspect of the company, except for any fraud or fraudulent activities by either you or us. No oral presentation or explanation will change any aspect of this agreement, and any person that is not party to this Terms of Use Contract has no right Contracts Act 1999 (Rights of Third Parties), to rely on or use any part of this Terms of Use Contract either with matters in connection with the company or any other body.

20. General Acceptance.


You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Terms of Use Contract. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any aspect of this Terms of Use Contract is held to be invalid or unenforceable by judicial decree or decision, the remainder of this User Contract shall remain valid and enforceable.

21.  Change of Terms of Use Contract
These Terms of Use may change or be updated from time to time. It remains your
responsibility to access and check these Terms of Use wherever you access the
Website. The latest version of these Terms of Use will govern any future usage by
you of the Website.

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