Terms & Conditions

What is FUNDIN

FUNDIN is the an online platform to make projects into reality in Armenia! With FUNDIN, entrepreneurs work with the international Armenian communities that will come together to fund their projects.

Entrepreneurs with creative ideas and projects, startup businesses, charity organisations, etc. can gather around FUNDIN.am to present their projects and through crowdfunding reach their specified targets. In addition, the Armenian community now has a platform to participate in funding the creative and innovative projects in Armenia and be part of the country’s development.

All User Obligations

We grant users a limited, non-exclusive, non-transferable, and revocable license to use Our Services; subject to the below Terms:

You are responsible for your account. To use many of the Services, you will need to register and create an account with a username and password. You must provide us with accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify FUNDIN immediately by contacting us at [email protected]. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
Terminating your account. You may submit a request to terminate your account by contacting us on [email protected]. This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our legitimate business purposes. These Terms, including our rights to User Content, survive termination of an account.
You must be 18 years old. You must be 18 years or older to sign up for an account and use Our Services.
Follow the law and Our policies. You may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you may have toward any party. You may not offer Perks that are illegal, violate any of FUNDIN’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
Be truthful. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy.
Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, or any kind of autoresponder or spam on or through the Site.
Respect the property of others. Do not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User.
Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that we have put in place to secure our website or services, take actions to gain unauthorized access to any system, data, passwords, or other FUNDIN or User information or services, reverse engineer or take apart any aspect of the services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
Fees. There are no fees for creating an account on the website. Campaign Owners are charged a Platform Fee as a percentage of the Contributions they raise. In addition, Campaign Owners are charged a transaction fee by the third-party payment processor. Transfer fees, or bank delivery fees, are also applied each time FUNDIN sends funds to a Campaign Owners’ bank account. The Platform Fees and transfer fees/bank delivery fees are effective on the date that they are posted and will be announced on the Platform Fee page.

Should you violate any of the Terms & Conditions, We reserve the right to terminate, suspend, or take any other action related to your account at our sole discretion. You may not access our website or services if we have prohibited you from doing so.

Campaign Team Obligations

When you create a Campaign on the Site and ask for Contributions, you understand that you are entering into separate legal agreements with both FUNDIN and with your Contributors, and the following rules apply (in addition to all other Terms and Additional Policies).

Make good faith efforts to fulfill the Perks associated with Your Campaign in the timeframe that You communicate to Contributors, and prioritize fulfillment of those Perks.
Be responsive. Respond promptly and truthfully to all questions posed in comments, messages, or updates including any questions or requests FUNDIN makes to verify ability to fulfill. If unresponsive or if a dispute arises between You and your Backers, We may provide your name, legal mailing address and email address to your Contributors, or in the instances where the law requires it.
Updates. Provide substantive and quality updates at least once a month to Contributors. Immediately notify Contributors if there are obstacles or delays.
If you have received the Contributions from your Campaign, but are unable to deliver Perks, issue refunds to Contributors.
Comply with Laws. Comply with all applicable laws and regulations in statements concerning Your Campaign and Perk(s), the use of Contributions and delivery of Perks.
Be Truthful and Transparent. Campaign Team Members should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery with verifiable evidence if requested. If you are unable to uphold claims, FUNDIN may terminate your account, withhold funds, provide your name, mailing and email address, or take other actions to enforce its rights under this Agreement and applicable law.
Respect Privacy. When you use the Services by creating a Campaign, you may receive information about Users that have Contributed to your Campaign, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to you purely for the purpose of fulfilling the Perks for the applicable Campaign and other Services, and may not be used or disclosed for any other purposes, including cross-promotional marketing of any other products including your own other products, without separate, verifiable consent from the User obtained independently from FUNDIN or the Service. You will maintain, and be required to produce if requested, records of all such verifiable consent.
1. Your data controller duties include:
  1. Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;
  2. Managing and reporting security incidents;
  3. Transfers;
  4. Entering into contracts with only with data processors that provide adequate protections for personal data and including appropriate contractual language;
  5. Maintaining records of your data processing activities;
  6. Conducting any required data protection impact assessments; and
Platform Fees. Campaign Owners are charged a Platform Fee as a portion of the Contributions they raise (the “Platform Fees“). The Platform Fees are effective on the date that the Platform Fees are posted and may be updated from time to time. Platform Fees will be charged at the then-current rate.
Taxes. Taxing authorities may classify Contributions as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. FUNDIN may ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that We may report taxable income to the relevant taxing authorities. FUNDIN will provide Campaign Owners with a tax document if required by the relevant taxing authorities. FUNDIN is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice. The shipment of Perks to Contributors may expose Campaign Owners and Contributors to sales and use tax obligations.
Respond to Requests from FUNDIN for Information about Your Campaign. FUNDIN does not guarantee any Campaigns or undertake the duty to investigate or moderate any statements made by a Campaign Owner. However, FUNDIN may, but is not required to and undertakes no obligation to, request information from Campaign Owners to investigate possible breaches of this Agreement. The information FUNDIN may request includes, but is not limited to, information to support Campaign statements, evidence that the Campaign Owner is taking actions to deliver promised products, productions and shipping timelines and information, source documentation to substantiate product claims and Campaign promises, product prototypes, and personal information to confirm the identity of Campaign Owners, vendors, and suppliers. You agree that FUNDIN may employ third parties to assess the documents and your Campaign. You agree to provide this information to FUNDIN upon request. Failure to provide any of the requested information within 14 days, or a longer time provided by FUNDIN in writing, shall be deemed a material breach of this Agreement.
FUNDIN Reserves the Right to Withhold Funds. Campaign Owners are not guaranteed to receive Contributions made to a Campaign, even after the Campaign has ended and the fundraising goal has been reached. There may be a delay between the end of a Campaign and Our remittance of Contributions to a Campaign Owner for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. For example, FUNDIN may withhold Contributions made to a Campaign if the Campaign Owner violates any Terms (as determined by FUNDIN in its sole discretion). Additionally, FUNDIN may withhold funds pending the receipt and evaluation of information requested through paragraph (j) above or during the pendency of any investigation FUNDIN may undertake into your account. If you do not provide information within the requested time or are not able to substantiate claims made in your Campaign, FUNDIN may terminate your Campaign and account and avail itself of any remedies available to it under this Agreement or applicable law. FUNDIN may also withhold funds from Campaign Owners for any other breach of this Agreement. FUNDIN may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.
Refunds. FUNDIN offers a limited refund to Contributors in accordance with Our Refund Policy. Refunds outside of Our Refund Policy must be handled by the Campaign Owner, and FUNDIN has no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and Contributor. FUNDIN reserves the right to terminate User Accounts and remove Campaigns for any abuse of the Refund Policy. FUNDIN reserves its right to issue refunds at its own discretion outside of the Refund Policy.

Please remember that as a Campaign Owner, you are solely responsible for fulfilling the obligations of your Campaign and delivering Perks. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Contributors. Your legal mailing address and contact information may be shared with Contributors seeking legal action.

Backing a Campaign

As a Contributor, when you make a Contribution to a Campaign, you understand that the following rules and Terms apply:

Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
FUNDIN Does Not Guarantee that Campaigns Will Succeed or that Perks Will Be Delivered or Deemed Satisfactory. By contributing to a Campaign, Contributors are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its Perks, might not come to fruition. FUNDIN does not guarantee or represent that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. FUNDIN undertakes no duty to investigate claims made by Campaign Owners. FUNDIN also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of any User Content posted on the Services. The date to deliver a Perk is an estimate by the Campaign Owner (not FUNDIN), and there is no guarantee that the Campaign Owner will fulfill and deliver the Perk by that date. No transfer of title to tangible personal property occurs through FUNDIN.
Limited Refund. FUNDIN offers a limited refund to Contributors, subject to the Refund Policy, only where the Campaign has not ended, the Contributor has not received a Perk (as confirmed by FUNDIN), and the Contribution has not been sent to the Campaign Owner. FUNDIN does not offer refunds outside Our Refund Policy, but may do so under our sole discretion. Where refunds are not available under the Refund Policy, a Contributor may contact the Campaign Owner directly to request a refund. FUNDIN has no obligation to participate or become involved in any dispute between Contributor and Campaign Owner concerning a refund.
Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.
Communications Between Campaign Owners and Contributors. Once you have made a Contribution to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as shipping address, specific preferences for a Perk (for example, color or size of a t-shirt), or may ask for feedback on the Campaign or the Perk. In some instances, to receive the Perk, you may need to provide requested information within a specific time frame to receive the Perk. Not doing so may result in your forfeiting the Perk. Campaign Owners should not ask for information that is not required to fulfill a Perk, including personal information such as Social Security numbers or credit card/banking information. Please contact us h ere if you receive a request for information that appears to be excessive.
Taxes are your responsibility . Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Perks for tax purposes. FUNDIN does not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.

FUNDIN’s Role

We do not endorse any User Content. FUNDIN provides the platform for creation of Campaigns and interaction of Users. We do not screen Campaigns or endorse any User Content on Our site. Likewise, FUNDIN does not undertake any duty to investigate or guarantee the truthfulness of any claims made by Campaign Owners. You should evaluate a Campaign’s statements before choosing to back the Campaign.
We may remove User Content or cancel Campaigns and refund Contributions in Our discretion. FUNDIN may remove User Content that violates Our Terms of Use in Our sole discretion. Removing User Content, terminating an account, or cancelling Campaigns and refunding Contributions are not actions We take lightly, and We may take a while to investigate and determine if such actions are warranted. It is in Our sole discretion whether to discuss the reasons for taking action against any User Content or account.
We may require you to provide information about your Campaign before disbursing funds. FUNDIN may, but is not required to, request information from you regarding Campaigns.
We do not guarantee Perks or Refunds. Campaign Owners bear sole responsibility for the delivery of Perks and for the offering of any refunds outside Our Refund Policy.
We do not provide tax or legal advice to Users. Users bear sole responsibility for determining how the applicable laws apply to running a Campaign, Contributing to a Campaign, or utilizing any of the Services.
We do not become involved in legal disputes between Users. FUNDIN bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Users, including between Contributors and Campaign Owners.
You are responsible for your Campaigns, even if you engage Our help. FUNDIN may offer additional services, including helping with drafting Campaign Content, assisting with the design of Campaigns, and referring vendors and other service providers to Campaign Owners. Any such services will be subject to a separate agreement between the Campaign Owner and FUNDIN. Even where We help with your Campaign, Campaign Owners bear sole responsibility for the Campaign and must comply with all obligations in the Terms as the only responsible party for the Campaign.

Our Intellectual Property

FUNDIN Intellectual Property. FUNDIN’s Services, Content and Marks, are legally protected in a number of ways, including pursuant to copyright, trademark, service marks, patent, trade secrets, and other local and international intellectual-property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any FUNDIN Content, Services, or Marks accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.
Limited User Rights; License to FUNDIN Content. FUNDIN grants you a limited license (that is temporary, non-exclusive, non-sublicensable, and non-transferrable) to access and use User Content and FUNDIN Content solely for use of the Services in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or FUNDIN Content unless We give you express written permission to do so. We reserve the right to revoke this limited license to access and use User Content and FUNDIN Content at any time and in our sole discretion.

Your Intellectual Property

Your User Content remains your property. When you submit User Content to the Site or via the Services, you agree to the following terms:

You allow us to use your User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your User Content.
We can make changes to or delete your User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or delete your User Content.
You have all legal rights to your User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to FUNDIN with respect to your User Content; (2) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) FUNDIN does not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content, or have any liability to a User or any other party as a result of Our use or exploitation of your User Content.

How to report Copyright and covered other Intellectual Property issues

We take intellectual property rights very seriously. We comply with intellectual property laws and industry best practices to maintain the integrity of Our Site and Services. FUNDIN also maintains policies concerning claims of trademark and patent infringement. We will respond to notices of alleged infringement in accordance with the law. We reserve the right, in our sole discretion, to delete or disable User Content that has been alleged to be infringing, as well as to terminate User accounts associated with infringers.

FUNDIN’s Rights Concerning User Accounts; Termination

We reserve the right to monitor, terminate, suspend, or delete any User Account at any time in Our sole discretion. We have no obligation to comment on any reasons for account monitoring, termination, suspension, or deletion.
We have no liability to you or third parties for any use of the Services associated with your account or Campaign. Upon suspension or termination of your account, you must cease all use of the Services and User Content. Your representations and warranties shall survive termination.
FUNDIN reserves the right to suspend or terminate a Campaign if it does not comply with this agreement or in its sole discretion. In the event of termination, FUNDIN may refund any and all Campaign funds received by a Campaign Owner to backers and may seek reimbursement from you for any funds you have already received from FUNDIN. FUNDIN may also avail itself of any of the remedies provided for in this Agreement and any remedies available to enforce its rights under this Agreement or applicable law.

Payment Services

… coming soon …

System Outages and Maintenance

The Site or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Site or Services are unavailable, or if you lose any data, information, or User Content for any reason.

Unsolicited Idea Submissions

We appreciate hearing from Our Users and welcome their comments or suggestions. But ideas that you submit may be similar or identical to internal submissions or submissions received from another User or third party. 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, know-how, concepts, suggested changes, additions, or improvements) sent to us via the Site or in any other manner about an existing product, service, or feature on the FUNDIN platform (“Unsolicited Idea Submission”). If you send us an Unsolicited Idea Submission, you agree as follows:

All Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as such.
By submitting an Unsolicited Idea Submission, you hereby grant FUNDIN a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Unsolicited Idea Submission, including, without limitation, in connection with the Site or Services, and for promoting and redistributing part or all of the Unsolicited Idea Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting for the Unsolicited Idea Submission and,
We are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.

Indemnity

You agree to defend, indemnify and hold harmless FUNDIN, Our subsidiaries and affiliated companies, and Our officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, use or misuse of the Services, breach or these Terms or violation of any applicable laws. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.

No Warranty

FUNDIN HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, FUNDIN CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUNDIN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FUNDIN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF FUNDIN OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.

Disclaimer of Liability

Use the Services at your own risk. We make no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the performance of any Perks, or that Contributions will be used as described in the Campaign. We do not control or endorse User Content posted on the Site or in any Services and, as a result, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. FUNDIN is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services.
You release us from all claims. When you use the Services, you release FUNDIN from claims, damages, and demands of every kind – known and unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or related to the Services. All Content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER FUNDIN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUNDIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF FUNDIN AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO FUNDIN BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

Export Compliance

You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you use any third-party products funded through the website.

You agree to indemnify FUNDIN for any penalties, fines, attorneys’ fees and other amounts that may be incurred by FUNDIN that arise out of or are related to your failure to comply with this Section.

Definitions

“Campaign Owners” or “Campaigners” are those Users who raise funds through the Site and Services;
“Campaigns” are Campaign Owners’ fundraising campaigns through the Services;
“Content” refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered through the Services;
“Contributors” or “Backers” refers to those Users contributing funds to Campaigns;
“Contributions” refers to funds donated to Campaigns by Contributors;
“DMCA” refers to the Digital Millennium Copyright Act of 1998, including any amendments;
“FUNDIN,” “We,” “Our,” or “Us” refers to FUNDIN, IN AM 2 LLC, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
“FUNDIN Content” refers to Content provided by FUNDIN to Users in connection with the Services, including, without limitation, the software, the products and the site;
“Infringement” refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
“Marks” refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any FUNDIN Content;
“Perks” refers to the gifts or rewards in the form of tangible items or intangible services offered by Campaign Owners to Contributors;
“PII” refers to personally-identifiable information, as that term is defined under all applicable laws;
“Privacy Policy” refers to FUNDIN’s Privacy Policy;
“Services” refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site;
“Site” refers to the FUNDIN website(s);
“Terms” or “Terms of Use” or “Terms & Conditions” refers the Terms & Conditions, Additional Policies, FUNDIN’s Privacy Policy, all applicable laws, and all conditions or policies referenced here;
“User,” “You,” or “Your” refers to Campaign Owners, Contributors or any other visitor to the Site or Users of the Services, either individually or collectively;
“User Content” refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign.

Full Agreement Between You and Us

These Terms are the entire agreement between You and FUNDIN with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and FUNDIN with respect to the Services and govern our relationship. If any provision of these Terms are 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. FUNDIN’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Miscellaneous

We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FUNDIN’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.