ACCEPTABLE USE POLICY
THIS IS THE ACCEPTABLE USE POLICY THAT GOVERNS USE OF THE FOTOFUND SERVICE. ALL FOTOFUND USERS MUST READ THROUGH THESE TERMS CAREFULLY AND ACCEPT THESE TERMS BEFORE USING THE SERVICES OFFERED BY FOTOFUND.
FOTOFUND IS THE OFFICIAL CROWDFUNDING PROGRAM OF THE LUCIE FOUNDATION (WWW.LUCIEFOUNDATION.ORG), A 501(C)(3) CHARITABLE ORGANIZATION. FOTOFUND IS OWNED AND DIRECTED BY THE LUCIE FOUNDATION.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DISCONTINUE USE OF ALL SERVICES OFFERED BY FOTOFUND.
Fotofund, a new crowdfunding platform exclusively for photo-based works, will help emerging and seasoned photographers bring their projects to life through the power of crowdfunding.
The Lucie Foundation, a nonprofit arts organization, has created Fotofund as part of its mission to promote the appreciation of photography worldwide.
Summary of Service
Fotofund provides photographers with a new economic model to fund their creative projects, empowering them to raise funds for their projects independently while cultivating a community of enthusiasts online who will support them in their endeavor. Furthermore, by interacting with project creators and curating the projects displayed on Fotofund, Lucie Foundation aims to identify cutting edge, contemporary artists for future collaborations.
Eligibility to Use the Service
By using the Fotofund website you acknowledge that you are not under 18 years of age. If you are between the ages of 13 and 17, you may only use the service with the consent and supervision of your parent or legal guardian, who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these terms and agrees to be responsible for your use of the Service.
- By accessing the Fotofund website or using the Service in any manner, you become a Fotofund user.
- Fotofund reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove, or suspend a campaign at any time for any reason without liability.
- The Fotofund website will be linked to the Lucie Foundation website, and there will be social media widgets embedded within each campaign page. These widgets direct users to the project creators’ social media pages.
- Fotofund reserves the right to link the website to any website or service in the future
- If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
- The Fotofund website will work by allowing photographers (project creators) to create an individual campaign page on the Fotofund platform whereby they can solicit donations from project backers.
- The platform will serve as a mainframe to house all of the individual campaign pages.
- Fotofund offers project creators two different funding models to choose from — a Fixed Funding model or a Flexible Funding model.
Under the Fixed Funding model, if a project creator doesn’t reach their funding goal, none of the backers’ credit cards are charged, the creator receives none of the funds raised, and no fees apply. However, if the project creator does reach their goal under this model, Fotofund keeps 4% of the funds raised, and a 3-5% credit card processing fee is applied.
Under the Flexible Funding Model, if a project creator doesn’t reach their funding goal, the backers’ credit cards are still charged for what they pledged, the creator receives the funds they did raise (less 4%, which Fotofund keeps), and a 3-5% credit card processing fee is applied. However, if the project creator does reach their goal, Fotofund keeps 4% of the funds raised, and a 3-5% credit card processing fee is applied.
Fotofund’s guidelines for fulfilling rewards are as follows –
Project creators must fulfill rewards if:
- They chose the Flexible Funding model and they received one or more contributions in exchange for rewards;
- They chose the Fixed Funding model and they met their funding goal.
Project Creators do not have to fulfill rewards if:
- They chose the Fixed Funding model and they did not meet their funding goal.
- Backers agree to provide their payment information at the time they pledge to a campaign. The payment will be collected after the campaign deadline depending on whether the campaign is fixed or flexible. The amount Backers pledge is the amount they will be charged.
- Backers agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge is collectible.
- Project Creators agree to make a good faith attempt to fulfill each reward by its estimated delivery date.
- For all campaigns, Fotofund gives to the project creator each backer’s User ID and pledge amount. For successful campaigns, Fotofund additionally gives to the project creator each backer’s name and email.
- Project creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, they are not required to fulfill the reward.
- Because of occasional failures of payments from backers, Fotofund cannot guarantee the receipt by project creators of the amount pledged minus fees.
- Fotofund reserves the right to cancel, reject, interrupt, remove, or suspend a campaign at any time and for any reason.
- Fotofund is under no obligation to become involved in disputes between users, or between users and any third party arising in connection with the use of the Service.
- By visiting the Fotofund website, you can view content without registering, but as a condition of using certain aspects of the service, you may be required to register with Fotofund and provide an e-mail address, a screen name (“User ID”), and password. You shall provide accurate, complete, and updated registration information. – You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of the use policy, which may result in immediate termination of your account.
- Fotofund reserves the right in its sole discretion to refuse registration or cancel a User ID, domain name, and project name.
- You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another user account without the other User’s permission.
- Fotofund will immediately notify users in writing of any unauthorized use of your account, however you are responsible for any losses caused to Fotofund and other users by any use of your account, both unauthorized and authorized.
In using the Fotofund service:
- You understand that you are liable for all information, products or services that you make available to other users and you promise not to use the Service for any purpose that is prohibited by this policy or local law.
- You agree not to post any material that is obscene, lewd, lascivious and pornographic, or visual depictions of sexual acts.
- You agree that the Service is provided only for your own personal, non-commercial use.
- You agree not to infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.
- You are responsible for your use of the services, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third parties partners.
- You understand that your content may be syndicated, relied on, distributed, or published by our partners and if you do not have the right to submit content for such use, it may subject you to liability.
- You represent and warrant that you have the rights, power and authority necessary to use any content that you submit.
- You agree not to upload, post, email, transmit or otherwise make available any information, products or services that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- You agree not to harm minors in any way.
- You shall not take any action that imposes or may impose (as determined by Fotofund in its sole discretion) an unreasonable or disproportionately large burden or load on Fotofund or its third-parties provider’s infrastructure.
- You agree not to impersonate any person or entity, including, but not limited to, a Company representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service.
- You agree not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code on the site that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of Fotofund and third parties.
- You agree not to upload, post, email, transmit or otherwise make available any Information, products or services, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- You agree not to post any content that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters.
- You agree not to use the Site in any tortuous or unlawful manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress.
- Fotofund does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the service or endorse any opinions expressed via the Service.
- Under no circumstances will Fotofund be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the services or broadcast elsewhere. The service may include advertisements or other content, which may be targeted to information on the service, queries made through the service, or other information, and you have no claim against Fotofund for the placement of advertising or similar content on the service or in connection with the display of content or information from the service whether submitted by you or others.
- You understand that by using the service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
- You agree not to post any content that disparages any third-party or Fotofund.
- You agree not to interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.
- You agree not to circumvent any security-related features of the site, including those designed to limit copying or reproduction of the content.
- You agree to not abuse other users’ personal information.
- You shall not interfere or attempt to interfere with the proper working of the service or any activities conducted on the service.
- You shall not bypass any measures Fotofund may use to prevent or restrict access to the service.
- You shall not decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction.
- You shall not modify, translate, or otherwise create derivative works of any part of the service.
- Fotofund does not guarantee that any content will be made available through the Service.
- Fotofund has no obligation to monitor the service or content.
- Fotofund reserves the right to, at any time, for any reason, and without notice: cancel, reject, interrupt, remove, suspend a user account or remove, edit, modify any content.
- All content, whether publicly posted or privately transmitted, is the sole responsibility of the user.
Fees and Payments
- The payment gateway integrated with Fotofund is PayPal.
- Joining Fotofund is free.
- Fotofund reserve the right to change the service fees by posting term changes on the Site.
- All fees collected by Fotofund are deposited into Lucie Foundation’s official PayPal account, and the monies are used to fund new and existing Lucie Foundation programs that benefit the photography community at large.
- Fotofund reserve the right to change, use or add any payment gateway in the future.
- Fotofund collects 4% of all funds released, which in turn go towards Lucie Foundation programming.
- Users of the Fotofund Service are subject to and must adhere to the terms of the PayPal Terms of Service and other agreements relating to their Service transactions.
- Campaign owners accept the responsibility to provide refunds to contributors at their own discretion. Fotofund will NOT be held liable for refunds or lack thereof.
- Every campaign is free to create.
- Contributors must request any and all refunds directly from the campaign owner.
- The campaign owner must process the refund to the contributors through PayPal or any payment gateways specified within seven (7) days from the date of receiving the contribution that is being refunded.
- Users provide information and materials for Fotofund to use and display on the Site.
- Users acknowledge that they not violate the copyright law either in USA or their countries by using any information on Fotofund platform.
- Under the Copyright Act, any person who knowingly misrepresents the material is may be guilty of infringement.
- If you are a copyright owner and have a good-faith belief that material on our website and/or Service infringes upon copyright law, you may notify us in writing using the procedure described below. In order for us to process your notice of copyright infringement, it must be sent to our Emails below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be the subject of infringing activity. Written notification must be submitted to the following emails:
firstname.lastname@example.org // email@example.com
The Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
(b) Identification of the copyrighted work (or works) that you claim has been infringed.
(c) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists.
(d) A clear description of where the infringing material is located on our website.
(e) Your name, address, telephone number, and e-mail address.
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(g) A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Limitation of liability
You understand and agree that Fotofund shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of this service.
- The campaign owner is solely responsible for understanding that taxing authorities may classify funds raised through the Service as taxable income to the campaign owner and any beneficiary who will receive funds directly from the campaign.
- The campaign owner is solely responsible for paying all fees and taxes associated with the use of the Service.
- Fotofund encourages campaign owners to consult with a licensed tax advisor from their local jurisdiction when planning a campaign so that they understand and prepare for the tax obligations that may incur from the funds raised.
Use Policy Modification
- Lucie Foundation and Fotofund reserve the right to modify these terms at any time.
- By using Fotofund services you unconditionally accept any changes made to this agreement.
- This use policy shall be governed by and construed in accordance with the laws of the State of California 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 Sale of Goods.
- You agree that any action at law or in equity arising out of or 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 California 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.
All communications with Fotofund should be through:
firstname.lastname@example.org // email@example.com
550 N. Larchmont Boulevard, Suite 100, Los Angeles, California 90004 U.S.A