Effective Date: January 12, 2017
Last Updated Date: February 3, 2017
- We do not provide legal advice or legal services. We don’t endorse any of the Cases and we don’t exercise editorial control over what Case Owners choose to publish on their Case Pages. We do our best to make sure that no one acts fraudulently or improperly on the Site, but you have to make your own judgment about whether to help fund a Case.
- This is a donation site! Investing in a case means investing in your community and in our legal system, but it is not a financial investment. In rare cases, a Case Owner may recover some of the funds that you donated (for example, if a Case Owner wins the Case and recovers costs from the other side). If you donated over $1,000 to that Case (and the Case Owner is not a registered charity or 501(c)(3) entity), you may get some of your donation back. Otherwise, any money raised that the Case Owner doesn’t use or recovers will go to a charity which supports access to justice and the provision of free legal advice, or to another case on CrowdJustice.
- CrowdJustice does not offer regulated investments through the platform. Therefore it is not authorized or regulated by the U.S. Securities and Exchange Commission or the Financial Industry Regulatory Authority.
- The Site. The website at www.crowdjustice.org (the “Site”) is owned and provided to you by The Justice Platform Inc. (“we”, “us”, “our,” or “CrowdJustice”). The Site is a crowdfunding and community engagement platform for public interest litigation that enables communities to raise awareness about an issue and fund legal action.
- Changes to the Terms. You understand that we may make changes to the Terms at any time without prior notice, though we will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of the Terms at any time by selecting the appropriate link on the Site. Any change to the Terms will be effective as of the date on which we post the modified terms on the Site. If you continue to use the Site after that date, it means that you accept any such changes. You should ensure that you refresh your browser each time you visit the Site to review the latest version of these Terms.
- Material Terms and Notices. As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
- the Site is licensed to you, not sold to you, and you may use the Site only as set forth in these Terms;
- the use of the Site may be subject to separate third party terms of service and fees;
- the Site is provided “as is” without warranties of any kind and CrowdJustice’s liability to you is limited; and
- we will resolve disputes arising under these Terms under New York law, as provided in greater detail in Section 13 below.
- Eligibility. THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY CROWDJUSTICE. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Site, you affirm that either you are at least 18 years of age or have been authorized to use the Site by your parent or guardian who is at least 18 years of age.
- In these Terms we refer to a “Case” as the legal project for which funding is sought; a “Case Page” as the page on the Site setting forth information on a Case; a “Backer” as a person contributing funds to a Case via the Site; and a “Case Owner” as the person seeking to raise funds on the Site. “Pledges” are the funds pledged by Backers to fund a Case; the “Campaign Period” is the period for which Pledges can be accepted on the Site in relation to a particular Case. The “First Target” is the minimum amount of funds sought by a Case Owner and below which threshold no Pledges are collected; the Case Owner may also specify a higher “Stretch Target.” When the money amount of Pledges meets or exceeds the First Target within the Campaign Period, the Case Owner has run a “Successful Campaign.” Case Owners may offer small gifts (“Rewards”) to Backers as a “thank you” for their Pledges in Successful Campaigns.
4. Case Owners
References in this section to “you” are to a Case Owner.
- Submitting a Case. After a Case Owner submits details about its Case to the Site, and its Case has been accepted for publication on the Site by CrowdJustice, the Case Owner may, subject to these Terms, publish its Case Page on the Site. Any such decision is subject to the limitation of liability set forth in Section 14 below. CrowdJustice may evaluate a Case Page and/or the Case, and decide at its sole discretion whether or not to permit the publication of the Case Page on the Site. Once the Campaign Period has begun, you cannot change the First Target. The Campaign Period can be extended only after the First Target has been reached, in order to continue raising the Stretch Target over a longer period of time. CrowdJustice has an all-or-nothing funding model, which means that if a case does not reach its First Target, you do not receive any funds and Backers’ cards are not charged.
- Representations and Warranties. By publishing a Case Page on the Site, you represent and warrant to CrowdJustice, Backers, and any other users of the Site that:
- you are 18 years of age or over;
- your Case Page gives an accurate summary of the issues in the Case and the purposes for which the funds raised will be used;
- you will use all funds raised in a Successful Campaign to pay directly and solely for fees and/or costs associated with the Case as described on the Case Page;
- you will inform CrowdJustice of and return any unused funds to the Site in accordance with these Terms;
- you will comply with all applicable laws and regulations in relation to your Case and your use of funds raised, and any offer or fulfilment of Rewards;
- if you have offered Rewards on your Case Page, you will meet all commitments you make in relation to the delivery of Rewards you offer to Backers and use all reasonable efforts to deliver Rewards by the time specified by you on your Case Page and in any case in a timely fashion;
- you will be responsible for paying all fees and collecting and dispensing all applicable taxes connected with your use of the Site, the Case, the Pledges you receive and the Rewards you offer;
- you are solely responsible for all legal costs and fees and adverse costs in relation to the litigation relating to your Case, and agree to indemnify any Backer for any damages, losses, costs and expenses it may incur as a result of any Pledge to your Case; and
- no fraudulent, criminal, or otherwise improper uses will be made of Pledges contributed via your Case Page.
- Compliance. We use reasonable efforts to verify the identity of a Case Owner and the identity of the legal representation engaged for a Case. You agree to promptly provide any further information we request from you regarding you or your Case. If we suspect any fraudulent, criminal, or improper activity on the Site, in addition to terminating your access to or use of the Site in accordance with these Terms, we may report or disclose information about you and/or your use of the Site to relevant law enforcement, at our sole discretion and without notice to you.
- Interaction with Backers. Case Owners may email Backers via the Site with updates in relation to their Case from time to time. Case Owners may not use the Site to generate junk or spam email to Backers. If Backers opt to share their contact details with Case Owners (including after a Backer has Pledged, or at the time of claiming a Reward), Case Owners will receive those details at the end of a Successful Campaign. All uses of Backers’ contact information are subject to the Restrictions on Use set forth in Section 9 below. Further, Case Owners are responsible for complying with all applicable data protection legislation.
- Pledges. The First Target is “all or nothing.” If your Case does not reach the First Target by the end of the Campaign Period, any Pledges made by Backers to the Case will be automatically cancelled. Case Owners can also set a second, Stretch Target. The Stretch Target is flexible, meaning that all Pledges made after the First Target has been reached are collected on a rolling basis regardless of whether the Case reaches the Stretch Target by the end of the Campaign Period. Case Owners acknowledge that Backers may fail to fulfill payment of Pledges and that such failure is entirely outside the Site’s control. We consequently cannot guarantee and will have no liability to a Case Owner if you fail to receive any funds pledged by Backers in relation to your Case via the Site. In the event that we seek to verify any information regarding you, your Case, the Recipient (as defined below), or your Case Page to our satisfaction, we may delay, withhold, cancel, or refund any Pledges or other amounts without notice. We will not be liable to you for any losses that you suffer or incur as a result of us doing so.
- Fundraising. Funds raised in a Successful Campaign will be transferred to the Case Owner’s legal representative, except where the Case Owner is an organization, registered charity, including in the United States entities that are exempt from taxation pursuant to section or 501(c)(3) of the Internal Revenue Code, or non-governmental organization (“Charity”), or where the Case (as determined by CrowdJustice in its sole discretion) is a general legal project that does not require or involve legal representation, in which circumstances funds will be transferred to the Case Owner directly (in each case, the “Recipient”). The Case Owner must notify the Site of the identity and contact information of the Recipient at the time of submitting information about its Case. In order for funds to be transferred, the Recipient must provide CrowdJustice with information sufficient to enable us to complete all required due diligence and transfer the funds. In the event that a Case Owner changes legal representation or does anything that results in a change of the identity of the appropriate Recipient before the end of the Campaign Period, the Case Owner must notify us immediately. A failure to do so will constitute a breach of these Terms.
- Charities. In general, funds pledged through the CrowdJustice website are unrestricted funds. However, they are intended to be used for the purposes set forth on your case page. Where the Case Owner is a Charity, the Charity agrees that for the duration of the Case, it will treat the Pledges received from Backers as restricted for its Case as described in its Case Page. Where such a Charity determines, at any time after the end of the Campaign Period, that some or all Pledges will not be used in relation to any fees or costs associated with its Case (“Unused Charitable Funds”), it shall retain those Unused Charitable Funds for its own general charitable purposes. CrowdJustice makes no representations or warranties to Backers concerning the use of funds. It is the sole responsibility of the Charity to ensure that it is using the funds in compliance with all applicable laws and regulations regarding donor intent. To the extent possible, the Charity agrees to provide receipts to Backers to its Case for the purposes of tax deductibility. In addition, if a Charity provides a Reward or anything of value to Backers, it is the sole responsibility of the Charity to ensure it is properly reflected in the gift acknowledgement.
- Fees. It is free to create a Case Page. If you do not run a Successful Campaign, we do not collect any fees, Backers’ Pledges will be cancelled automatically, and cards will not be charged. If you do run a Successful Campaign, CrowdJustice charges Case Owners a transaction fee of 5% of all Pledges made via the Site, exclusive of applicable taxes. In addition, our payment provider Stripe collects a fee of 3.4% + $0.30 per Pledge (which may vary for international cards). You hereby authorize CrowdJustice to deduct its fees together with any applicable taxes from the Pledges collected in Successful Campaigns. Stripe collects its fees automatically at the time of a successful transaction. In the event any of these fees change, we will update the Terms.
- Timing of Payment; Beneficial Ownership. The timing of transfer of funds raised in a Successful Campaign (less the fees set forth in this Section and any applicable taxes) to the Recipient may take several business days from the end of the Campaign Period, depending on how quickly our payment processor releases the funds. Case Owners should take this into account when planning the allocation of funds raised following a Successful Campaign. We or our payment processor may hold the funds (less the fees set forth in this section) during this period. For the avoidance of doubt, during such period (and until the money is received by the Recipient), we are holding the funds net of fees on trust for the Backers. You agree that we assume no duties of trusteeship other than the duty to retain and apply any such funds in accordance with these terms.
- Unused Funds. If for any reason the Case Owner or Recipient reasonably determines, at any time after the end of the Campaign Period, that some or all Pledges will not be used in relation to any fees or costs associated with a Case (“Unused Funds”), the Case Owner will:
- as soon as possible inform CrowdJustice by email (firstname.lastname@example.org) of the amount of the Unused Funds; and
- within 10 days of informing CrowdJustice, or alternatively within 10 days of receipt of the Unused Funds from the Recipient (whichever is sooner), return all Unused Funds to CrowdJustice, to be applied as set forth below.
- CrowdJustice may take any action, including legal action, in its sole discretion to recover Unused Funds. In the event that CrowdJustice for any reason elects not to distribute any Unused Funds collected by CrowdJustice, any remaining Unused Funds may be given to an Approved Cause.
An “Approved Cause” is one of the following causes elected by the Case Owner:
- a new Case which advances a cause the Case Owner reasonably believes to be the same as or similar to the cause advanced by the original Case and which the Case Owner reasonably expects the average Backer would support (a “New Case”);
- A Charity to be designated by CrowdJustice;or
- where the Case Owner is a Charity, the Case Owner.
- Rewards. Case Owners may offer Rewards for different Pledge amounts. Rewards cannot be amended after the commencement of the Campaign Period. At the end of a Successful Campaign, Backers can elect to claim their Reward, at which time relevant details necessary for the fulfilment of the Reward will be passed to you. You must treat those details in accordance with these Terms and applicable law. You must have all the permissions, consents and licenses that are necessary and must comply with applicable law to offer all Rewards relating to your project before you offer them on your Case Page.
To qualify as an Approved Cause, a New Case must be (i) a Case on the platform the Campaign Period for which has commenced (but not finished); and (ii) identified to CrowdJustice within one year from the date of the receipt of the Unused Funds by CrowdJustice. CrowdJustice reserves the right to veto any New Case proposed by a Case Owner without giving reasons within seven calendar days of the notification to it of the proposed New Case.
Any Unused Funds held from time to time by CrowdJustice shall be held net of fees on trust for the Backers. You agree that we shall assume no duties of trusteeship other than the duty to retain and apply any such Unused Funds in accordance with these terms. At no point shall CrowdJustice have any rights of ownership or entitlement in respect of any Unused Funds.
References in this section to “you” are to a Backer.
- As a Backer, you are solely responsible for evaluating a Case and investigating Case Owners to the extent you feel is necessary before you make a Pledge. CrowdJustice does not verify the content of Case Pages or investigate the use of funds Pledged once these are transferred to the Recipient. All Pledges are made at your sole discretion and risk. By making a Pledge, you represent and warrant that the payment of any funds used for such Pledge will not result in a breach of applicable law. You acknowledge and agree that you do not have, and your contribution (whether financial or otherwise) does not entitle you to have, any rights or interest in or to any Case, including any ownership, control or rights to advise on the conduct or legal strategy of a Case.
- Payment Processing. Payment of your Pledge will be processed by our third party payment processor. You acknowledge that you may be required to agree to additional or superseding terms or agreements that are imposed by our third party payment processor in order to effect payment of your Pledge. We currently use Stripe as our third party payment processor; please see Stripe’s Terms for the terms that will apply to the payments you make using the Stripe service.
- Pledge Cancellation. You may cancel a Pledge at any time before the Case has reached its First Target, without charge, by contacting us at email@example.com. If the Case for which you have made a Pledge does not reach its First Target before the end of the Campaign Period, your Pledge will be cancelled automatically and your card will not be charged. If the Case for which you have made a Pledge does reach its First Target before the end of the Campaign Period, you may no longer cancel your Pledge. This does not affect your statutory or legal rights.
- Unused Funds. WHILE BACKERS’ PLEDGES ARE APPLIED IN THE FIRST INSTANCE TO THE CASE OWNER’S CASE, WHERE THERE ARE UNUSED FUNDS THERE IS A RISK THAT PLEDGES MAY BE APPLIED TO A CASE THAT A BACKER DOES NOT SUPPORT. WE HAVE SOUGHT TO MITIGATE THIS RISK BY ARRANGING PRO-RATA REFUNDS OF DONATED AMOUNTS OVER $1000 AND SPECIFYING THAT, WHERE THERE ARE ANY REMAINING UNUSED FUNDS, PLEDGES MAY ONLY BE APPLIED TO A CASE WHICH BACKERS ARE REASONABLY EXPECTED TO SUPPORT.
You agree that where a Charity is the Case Owner, your Pledge is an unrestricted donation to the work of the Charity. While the Charity is required by these Terms to use the funds in the first instance for the Case, Unused Charitable Funds that remain after conclusion of the Case may be applied by the Charity for its general charitable purposes. If your donation is to a Charity, you agree that you are not entitled to a Refund Amount (as defined below) under any circumstances and that you are not restricting the use of any portion of your gift that qualifies as Unused Charitable Funds.
In the event that any Case to which you have contributed a Pledge has Unused Funds that are not Unused Charitable Funds, CrowdJustice may distribute such Unused Funds in its sole discretion. These Terms do not entitle a Backer to any rights or claims whatsoever against CrowdJustice to recover Unused Funds or Unused Charitable Funds. A Backer’s right to be reimbursed the Refund Amount only takes effect if and when CrowdJustice has taken receipt of Unused Funds and subject to the following terms:
Following receipt of Unused Funds from the Case Owner, CrowdJustice will contact Backers who contributed more than $1000 to the Case at the email address provided by that Backer at the time of contribution to ask whether:
- the Backer would like a refund of its contribution on a pro rata basis (“Refund Amount”); or
- the Backer would prefer the Refund Amount be donated to an Approved Cause.
Backers must respond within 21 calendar days. If a Backer does not respond within 21 calendar days, CrowdJustice will either attempt to reimburse the Refund Amount on a pro rata basis using the payment details from which the original contribution was made, or donate the Refund Amount to an Approved Cause, such decision to be made at CrowdJustice’s absolute discretion. CrowdJustice will attempt to redistribute the Refund Amount to all Backers who request a refund pursuant to the process detailed above. For the avoidance of doubt, in no circumstances would a Backer receive a refund of more than the amount it had Pledged to the relevant Case.
6. Intellectual Property Rights
- License. The Site is licensed, not sold, to you for use only under these Terms. CrowdJustice reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, CrowdJustice hereby grants you a personal, limited, revocable, non-transferable license to access and use the Site solely for your personal, non-commercial use.
- Content. Except for User Content (as defined in Section 7 below), the content made available on or through the Site, including, without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by CrowdJustice or CrowdJustice’s third party licensors (the “CrowdJustice Content”). You may not copy, reproduce, upload, republish, transmit, Post (as defined in Section 7 below), create derivative works of, publicly perform, or distribute any materials from the Site in any way without prior express written permission of the copyright owner of such material or as otherwise specified in these Terms or permitted by the Site’s functionalities. You may not modify or use any materials obtained from or available through the Site unless you have obtained the applicable copyright owner’s prior express written authorization. CrowdJustice solely owns all design rights, databases, and compilation and other intellectual property rights in and to the Site, in each case whether registered or unregistered, and related goodwill.
- Marks. The CrowdJustice trademarks, service marks, and logos (the “CrowdJustice Trademarks”) used and displayed on the Site are CrowdJustice’s registered and unregistered trademarks or service marks. Other product and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the CrowdJustice Trademarks, the “Trademarks”). Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without CrowdJustice’s prior express written consent for each individual use. You may not use the Trademarks to disparage CrowdJustice or the applicable third party (including CrowdJustice’s or the third party’s products or services), or in any manner, using commercially reasonable judgment, that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Site without CrowdJustice’s prior express written consent. All goodwill generated from the use of any CrowdJustice Trademark will inure solely to CrowdJustice’s benefit.
- Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the CrowdJustice Content, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the CrowdJustice Content in any way for any public or commercial purpose. The use or posting of any of the CrowdJustice Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, then your right to access and/or use the CrowdJustice Content and Site will automatically terminate and you must immediately destroy any copies you have made of the CrowdJustice Content.
7. User Content.
- Definition. “User Content” means any content that users upload, post, or transmit (collectively, “Post”) to or through the Site including, without limitation, literary works, photographs, audiovisual works, musical works, sound recordings, artwork, and any other work subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.
- Screening User Content. CrowdJustice offers users the ability to submit User Content to the Site. CrowdJustice does not pre-screen any User Content, but reserves the right to refuse or delete any User Content in its sole discretion. In addition, CrowdJustice has the right—but not the obligation—in its sole discretion to refuse or delete any User Content that it reasonably considers to violate these Terms or be otherwise illegal or inappropriate. CrowdJustice does not guarantee the accuracy, integrity, or quality of any User Content, and under no circumstances will CrowdJustice be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content Posted to or through the Site.
- Intellectual Property Rights. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SITE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
- Licenses to User Content. You hereby grant CrowdJustice an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “Use”) all User Content you Post to or through the Site by any means, through any media and formats now known or hereafter developed, for the purposes of: (i) advertising, marketing, and promoting CrowdJustice and the Site; and (ii) providing the Site as authorized by these Terms. You further grant CrowdJustice a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Site or transmit to CrowdJustice any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Site or transmitted to CrowdJustice will be considered non-confidential and non-proprietary, and treated as such by CrowdJustice, and may be used by CrowdJustice in accordance with these Terms without notice to you and without any liability to CrowdJustice.
- You Must Have Rights to the Content You Post. You must not Post any User Content to the Site if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Site. You represent and warrant that: (i) you own the User Content Posted by you on or through the Site or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iii) the Posting of your User Content on the Site will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Site does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Site.
- Waiver of Rights to User Content. By Posting User Content to or through the Site, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Site.
- No Liability. For the avoidance of doubt, CrowdJustice will not be liable for any unauthorized use of User Content by any other user or third party.
8. Prohibition on Uploading Objectionable Content
You agree not to Post any User Content to the Site that is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as CrowdJustice may determine in its sole discretion (collectively, “Objectionable Content”). If you encounter any content on the Site that you believe qualifies as Objectionable Content, please email CrowdJustice at firstname.lastname@example.org. You acknowledge and agree that CrowdJustice provides you the right to report potential Objectionable Content as a courtesy, and CrowdJustice has no obligation to remove or take any other action with respect to any potentially Objectionable Content on the Site that you report to us.
9. Restrictions on Use of the Site.
- In using the Site, you agree not to:
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or any activity conducted on the Site;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Site;
- delete or alter any material CrowdJustice or any other person or entity Posts on the Site;
- harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including CrowdJustice employees;
- provide any false personal information to CrowdJustice or to CrowdJustice’s third party service providers, including Stripe;
- create a new account with CrowdJustice, without CrowdJustice’s express written consent, if CrowdJustice has previously disabled an account of yours;
- solicit, or attempt to solicit, personal information from other users of the Site;
- frame any content on the Site;
- restrict, discourage, or inhibit any person from using the Site, disclose personal information about a third person on the Site or obtained from the Site without the consent of that person, or collect information about users of the Site;
- use the Site to send emails or other communications to persons who have requested that you not send them communications;
- use the Site, without CrowdJustice’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- gain unauthorized access to the Site, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Site; or
- assist or permit any persons in engaging in any of the activities described above.
- Messages. CrowdJustice may offer you the ability to message other users, including Backers if you are a Case Owner, through the Site. You may only send messages through the Site to people who have given you their express consent to receive such messages, and you will indemnify and hold CrowdJustice harmless from any and all claims arising out of your sending these messages to any person.
10. External Sites.
The Site may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. CrowdJustice is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
While our staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending CrowdJustice or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to CrowdJustice, you agree that:
- CrowdJustice has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and CrowdJustice is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
- You irrevocably grant CrowdJustice perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
12. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
- Respect of Third Party Rights. CrowdJustice respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Site.
- Repeat Infringer Policy. CrowdJustice’s intellectual property policy is to (i) remove or disable access to material that CrowdJustice believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Site, and (ii) remove any User Content uploaded to the Site by “repeat infringers.” CrowdJustice considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Site and for whom CrowdJustice has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. CrowdJustice has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon CrowdJustice’s own determination.
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified in Section d below. Your Notification of Claimed Infringement may be shared by CrowdJustice with the user alleged to have infringed a right you own or control, and you hereby consent to CrowdJustice making such disclosure. Your communication must include substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- identification of works or materials being infringed, or, if multiple works are covered by a single Notification of Claimed Infringement, a representative list of such works;
- identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CrowdJustice to locate the material;
- information reasonably sufficient to permit CrowdJustice to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the Notification of Claimed Infringement is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Designated Agent Contact Information. CrowdJustice’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via Email: email@example.com
Via U.S. Mail: 195 Montague Street, 14th Floor, Brooklyn, NY 11201
- Counter Notification. If you receive a notification from CrowdJustice that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide CrowdJustice with a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to CrowdJustice’s Designated Agent through one of the methods identified in Section 12(d) above and include substantially the following information:
- a physical or electronic signature of the subscriber;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which CrowdJustice may be found, and that the subscriber will accept service of process from the person who provided notification under Section 12(b) above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to CrowdJustice in response to a Notification of Claimed Infringement, CrowdJustice will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that CrowdJustice will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and CrowdJustice will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless CrowdJustice’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on CrowdJustice’s system or network.
- False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [CrowdJustice] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
CrowdJustice reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
13. Dispute Resolution.
- We encourage you to contact us if you’re having an issue, before resorting to the courts.
- This Agreement (including this section), any dispute, claim, or controversy between you and us arising out of or relating to these Terms or this Site, whether in contract, tort, or otherwise, and your and our rights, remedies, and obligations under these Terms, are to be construed in accordance with and governed by the laws of the State of New York applicable to agreements made and to be wholly performed in that state by persons residing or having their principal places of business therein, without giving effect to the State of New York’s conflict of laws rules to the extent those rules would require applying another jurisdiction’s laws. You or we may commence an action, suit or proceeding arising out of or relating to these Terms or this Site only in, and hereby consent to the exclusive jurisdiction of, the federal and state courts located in the County of New York within the State of New York.
14. Privacy; Court-Ordered Payments
- There may be circumstances where we are obliged by law to disclose information about you. In the event we are ordered by a court or tribunal to disclose information about Case Owners, Backers or potential Backers, we may be obliged to provide information you have given us on the Site. We will make reasonable efforts to challenge any request or order that in our view is without legal merit. By using the Site, you agree that we may be obliged to make such a disclosure.
- FURTHER TO SUCH AN ORDER FOR DISCLOSURE OR OTHERWISE, A COURT MAY ORDER YOU TO PAY ADDITIONAL FUNDS IN RELATION TO THE CASE TO WHICH YOU DONATED, AND SUCH ORDER MAY BE FOR AN AMOUNT EXCEEDING THE AMOUNT YOU ORIGINALLY DONATED. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CROWDJUSTICE, ITS DIRECTORS, ADVISORS, EMPLOYEES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE FOR ANY LOSS, INCLUDING CONSEQUENTIAL LOSS, OR FOR OTHER DAMAGES, HOWSOEVER CAUSED (INCLUDING DUE TO NEGLIGENCE OR MISREPRESENTATION) THAT MAY RESULT FROM ANY COSTS AWARD OR OTHER ORDER AGAINST YOU.
15. Limitation of Liability and Disclaimer of Warranties.
THE PROVISIONS IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
- CROWDJUSTICE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “CROWDJUSTICE PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE AND ANY CONTENT AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE CROWDJUSTICE PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. CROWDJUSTICE ACCEPTS NO LIABILITY FOR THE CONTENT OF A CASE PAGE OR THE ACCURACY OF REPRESENTATIONS MADE BY CASE OWNERS ON A CASE PAGE OR IN ASSOCIATED SERVICES (INCLUDING BUT NOT LIMITED TO EMAIL UPDATES BY CASE OWNERS) PROVIDED BY THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SITE AND ANY CONTENT AT YOUR OWN RISK.
- THE CROWDJUSTICE PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE, OR THAT THE SITE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CROWDJUSTICE PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
- THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CROWDJUSTICE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- IN NO EVENT WILL ANY CROWDJUSTICE PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SITE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH CROWDJUSTICE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CROWDJUSTICE’S LIABILITY, AND THE LIABILITY OF ANY OTHER CROWDJUSTICE PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
16. Third Party Disputes.
CROWDJUSTICE IS NOT AFFILIATED WITH, AND WILL NOT BE RESPONSIBLE FOR, ANY SERVICE PROVIDER OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SITE, INCLUDING ANY REVIEWER OR CREATOR, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE CROWDJUSTICE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the CrowdJustice Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the CrowdJustice Content or Site. CrowdJustice will provide notice to you of any such claim, suit, or proceeding. CrowdJustice reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting CrowdJustice’s defense of such matter.
- CrowdJustice reserves the right, at our sole discretion, to suspend or permanently deny your access to all or part of the Site and associated services, immediately and without notice, where you breach these Terms including where there is any actual or suspected fraudulent, criminal, or improper use of the Site or associated services. Upon such termination, suspension, or denial of access to the Site, we may decide to refuse to transfer funds raised in a Successful Campaign to the Recipient where there has been a breach of these Terms and/or where there is any actual or suspected fraudulent, criminal, or improper use of the Site or associated services. In such case, and subject to any relevant investigation we may undertake in relation to your Case, we may authorize a refund to Backers of your Case.
- Sections 2(b), 2(e), 3, 4(b), 4(c), 4(g), 4(h), 5(b), 5(e), 9, and 12 through 18 survive any termination of these Terms.
19. Consent to Electronic Communications.
You agree that any interest on Pledge or other funds held by us will accrue to our benefit and neither Case Owners, Backers, nor Recipients are entitled to such interest. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CrowdJustice as a result of these Terms or use of the Site. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually-implied or other relationship is created between you and CrowdJustice other than pursuant to these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. Failure of CrowdJustice to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against CrowdJustice unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by CrowdJustice and you, these Terms constitute the entire agreement between you and CrowdJustice with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. These Terms will inure to the benefit of our successors and assigns. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior express written consent of CrowdJustice. CrowdJustice may assign these Terms, including all its rights hereunder, without restriction. We may be prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism, or war. In such circumstances, we will have no liability for our inability or delay in performing our obligations.
21. Contact Us.
If you have any questions about these Terms or need any information, we’re happy to help. Please email us at firstname.lastname@example.org.