TERMS OF USE
Welcome to FollowFunding. By using this website (the "Site") and services (together with the Site, the "Services") offered by FollowFunding and its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors (collectively, "Follow Funding, Inc.," "we," "us," or "FollowFunding"), you're agreeing to these legally binding rules (the "Terms of Use"). You're also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site. If you do not agree with these Terms of Use, the Privacy Policy and other rules on the Site, you are not authorized to use the Site or the Services
Services Description:
FollowFunding offers the Services as an online platform to allow an individual or entity who has made a donation on our platform to post a fundraising campaign known as a "Dreamscape" on the Site to accept monetary donations from donors. It is also available for "Donators" to make contributions to help fund the dreams, causes and inventions of linked causes of those using our platform.
There is a non-refundable annual fee (the "Annual Fee") of $50 in Bitcoin equivalent to post a Dreamscape campaign or post to multiple Dreamscape campaigns. The Annual Fee covers the administrative services rendered to users of our platform ("User(s)"). Only those Users who have made a donation to another user on our platform are eligible to pay the Annual Fee and to post a Dreamscape(s) of their own.
We are not a financial institution, creditor, charity, broker or a bank. The Services are an online administrative platform only. FollowFunding facilitates the Dreamscapes of Users and permits other Users to make donations to connected causes, but all financial transactions are handled by a third-party transaction processor, CoinPayments.net™.
Annual Participation Fees Paid & Receiving Donations:
After making a donation, Users are then given the opportunity to post a Dreamscape of their own. In order to take this action, the donating participant agrees to pay the Annual Fee. If a User decides to make multiple donations to different Users' Dreamscapes they can post multiple Dreamscapes to fund additional causes, dreams or inventions, which will be covered by the same Annual Fee and administered through the same membership interface. If you wish to stop using the Services, you can do so by deleting your account using a link provided in your FollowFunding profile. If you do not cancel and continue use of the Services, you agree to be billed on the anniversary date of your first payment of the Annual Fee noted in your user profile. Failure to make payment on time will result in the temporary or permanent suspension of your FollowFunding account. In addition, although you can stop use of the service at any time, there are NO REFUNDS of any kind for donations or annual service fees paid.
Personal Donation Qualification:
Users are only qualified to receive donations up to 50% of the amount that User has donated to a particular Dreamscape and Users can only receive up to 50% of the amount being donated per instance minus applicable third-party processing fees.
In addition, you are responsible to keep your Bitcoin Address in good standing and recorded in your FollowFunding Profile in order to be eligible to receive donations. Your usage of this platform also confirms that you agree not to promote a cause, dream, project or invention that does not comply with the CoinPayments.net™ terms of use, which can be viewed at: https://www.coinpayments.net/help-terms
Another important thing to note is that here at FollowFunding, through the Cause Crusader Program, donors are able to donate time and effort in lieu of monetary donation. For details about how this works, please click the Cause Crusader link located on the Dreamscape you are reviewing.
Legal Resolution:
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR INTERACTION(S) WITH FOLLOWFUNDING SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL TAKE PLACE IN LEE COUNTY, FLORIDA, AND EACH PARTY TO THESE TERMS OF USE EXPRESSLY WAIVES ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE FOR THIS LOCATION. BY ACCEPTING THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS SET FORTH HEREIN.
We reserve the right, to change or modify portions of these Terms of Use at any time. If and when we do this, we will post a revised Terms of Use on this page and will indicate the change by updating the date at the bottom of this page. Your continued use of the Services after a date change constitutes your acceptance of the new Terms of Use. If you do not wish to accept the new Terms of Use, you may discontinue your use of the Services by cancelling your account at any time via the link located in your FollowFunding profile.
In addition, when using the Services, you will be subject to additional applicable policies including the Privacy Policy. To view the Privacy Policy, click the link at the top of this page. All such terms are hereby incorporated by reference into these Terms of Use (provided, however, these Terms of Use will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all our determinations are final.
Required Participant Age:
You must be at least 18 years of age to make or receive donations on our platform. However, if you are under the age of majority and considered a minor in your jurisdiction, which is typically 18 years of age, you may use the Services but only with the approval, oversight and express permission of your parent or legal guardian.
Illustration & Examples:
All examples of potential donations on the Site are for illustrative purposes only. If you decide to post a Dreamscape campaign on our Site, you're responsible for promoting and creating awareness for your campaign. As such, we are unable to guarantee you will receive any specific amount of donations resulting from your personal or leveraged based fundraising efforts.
By using this crowdfunding platform, you must accept the risk that received donation amounts will differ by individuals based on Personal Donation Qualification, promotional effort put forth by the participant and merits of the specific campaign as deemed by its viewers and potential donators.
Taxes:
It is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify FollowFunding of any unauthorized use of your password or account or any other breach of security by sending an email to support@followfunding.com, and (b) sign out from your account at the end of each session when accessing the Services. FollowFunding will not be liable for any loss or damage arising from your failure to comply with the foregoing instructions.
Limitation of Accuracy Liability:
By making a donation or by interacting with this platform in any way, you agree that FollowFunding cannot be held liable for Dreamscapes that misrepresent or do not appropriate funds as described. FollowFunding does not guarantee the accuracy, completeness, reliability or timeliness of any content provided by its users. The Users who control/own a Dreamscape are responsible for representing how they will use revenue gathered from this platform and are ultimately liable for its appropriation. You acknowledge that using any information accessed while interacting with this platform is being done at your own risk.
No content on FollowFunding is intended to provide financial, tax, legal or other professional advice. Before taking part on a Dreamscape as either a donor or a posting participant, you should consult your financial, tax, legal or other appropriate professional advisors.
Prohibited Marketing Practices:
While we want to encourage our member's to share their FollowFunding Dreamscape(s) with others, they must do so only in an ethical and legal manner. These include but are not limited to email correspondence conforming to the CAN-SPAM Act (15 USC, Ch 103), as well as all telephone correspondence conforming to the Telephone Consumer Protection Act (47 USC § 227).
In addition, all campaigns and correspondence must not be deceptive or misleading. Any members found not complying will be subject to immediate termination and or legal action.
Payment Processing:
We use CoinPayments.net™, a third-party transaction processor to process all donations. Each Bitcoin Address linked to a FollowFunding™ account must be in the direct control of a party ultimately appropriating the donation and we do not allow anyone to middleman a campaign. This means that on this platform, you can't take funds on a personal Bitcoin Address in the name of another person, organization or cause. It is acceptable to post a campaign on behalf of another individual or entity with permission, but all funds must be linked directly to a Bitcoin Address in direct control of the party to whom funds are being appropriated. This mandate is in place to mitigate fraudulent activity and to help ensure all funds are appropriated accurately.
Processing Country Availability:
Currently our third-party transaction processor, CoinPayments.net™, is not available in several countries as listed at the following link (the contents of which may change at any time): https://www.coinpayments.net/help-restricted. This means that only those parties who are citizens or companies established OUTSIDE those countries listed are able to post campaigns AKA Dreamscapes on the FollowFunding™ platform. Further, parties residing in countries on the restricted list are not permitted to make donations in support of the community of posting users.
Processing Fees:
You also understand that all donations are subject to third-party processing fees from CoinPayments.net™, as listed on the following schedule (which may change at any time): https://www.coinpayments.net/help-fees.
FollowFunding does not charge any platform fees outside of the Bitcoin-equivalent of $50 as an annual membership fee. Thus, the only fees charged per transaction are CoinPayments.net™ processing fees as disclosed above. We do this in order to allow our participants to keep more of the funds they raise. In addition, all monies raised are funded directly to the participating member's cryptocurrency wallet in accordance with their account settings.
Donator Expectations & Tax Liability:
You also agree that by making a "donation" to someone using this platform that you are by definition expecting nothing in return. You will not receive equity or merchandise and should also NOT expect every donation to be tax deductible because many of them may not meet the legal requirements for tax deductions. Please consult the "Donation History" tab in your FollowFunding profile to see if any of your donations were made to an entity that is considered tax exempt. If this is not the case, your donation in whole or in part, should be considered personal gifts and non tax-exempt donations. It is also your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. We cannot offer any tax advice and suggest that you consult your certified public accountant (CPA) or tax attorney for qualified tax advice.
Public Content; Public Display of Donations:
Some of your activity on and through the Services is public, such as content you post publicly on the Site. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other Users to facilitate interaction within the Services. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please click our Privacy Policy link at the top of this page for information on the ways that we may collect, use, and store certain information about you and your use of the Services.
Possible Outages:
Usage also confirms your understanding that Internet-based platforms are subject to outages resulting from cyber-attacks and general grid related and connectivity problems outside the control of FollowFunding. Because of this, intermittent outages can and will be experienced over extended periods of time and should be expected.
Dreamscape Stacking:
It is against our policies and procedures for you to "stack out dreams." This means you can't donate to yourself in order open up a linked Dreamscape to capture additional funds passing up the Dream Stream. If you are caught Dreamscape Stacking or violating any of our Terms of Use, your entire account can be immediately terminated, and you may also be banned from using the platform. It is permitted to have multiple Dreamscapes, but they must be linked to other Users' Dreamscapes and can only be created by making donations to another participating Users.
Use of Photography and Video; Intellectual Property Rights:
With regard to all images or video used on your Dreamscape(s) you must comply with United States and international copyright law. You must own or hold all necessary copyright, permissions or other rights to your featured video and photos. You can post a video that you appear in or helped create as long as you have the necessary permissions from any and all copyright holders. No clips of movies, television, music, photography or any other third party copyrighted materials is permitted. In addition, no sexually explicit material or pornography is allowed.
No video or photography that is hateful or violates someone's privacy or include defamatory or discriminatory speech can be posted. In addition, no videos or photos that promote violent activity, self-harm or cruelty toward animals are permitted.
You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by FollowFunding, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined in these Terms Of Use) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by FollowFunding from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of FollowFunding, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Follow Funding, Inc.
The FollowFunding name and logos, as well as the Dreamscape name and logos, are trademarks and service marks of FollowFunding (collectively the "Follow Funding, Inc. Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to FollowFunding. Nothing in these Terms of Use or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Follow Funding Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Follow Funding Trademarks will inure to our exclusive benefit.
Under no circumstances will FollowFunding be liable in any way for any content or materials of any third parties (including Users and owners/organizers of Dreamscapes) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that FollowFunding does not pre-screen content, but that FollowFunding and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting there from.
With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant FollowFunding and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless FollowFunding and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Follow Funding in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or FollowFunding's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to FollowFunding are non-confidential, and FollowFunding will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that FollowFunding may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FollowFunding, its users or the public.
DMCA Claims:
FollowFunding respects the intellectual property rights of others and asks that everyone using the Site do the same. Anyone who believes that their work has been reproduced on the Site in a way that constitutes copyright infringement may notify FollowFunding's designated agent for copyright infringement claims in accordance with Title 17, United States Code, Section 512(c)(2) (the "Digital Millennium Copyright Act" or "DMCA"), by providing the following information:
- Identification of the copyrighted work you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so we can locate it;
- Your address, telephone number, and, if available, e-mail address, so that we may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement or other intellectual property claims should be sent to FollowFunding's designated agent for copyright infringement claims as follows:
Eric Bechtold
Eric@followfunding.com
If you give notice of copyright infringement by e-mail, FollowFunding's designated agent for copyright infringement claims may, but is not required to, begin investigating the alleged copyright infringement; However, we must receive your signed statement by mail or as a signed attachment to your e-mail before we are required to take any action.
If you believe any content made available in conjunction with the Site violates any trademark or other intellectual property rights you possess, you may use the contact for copyright violations above to bring that issue to our attention as well.
Promotion/Contests:
FollowFunding does not permit any contests, competition giveaways, lotteries or sweepstakes linked to a User's Dreamscape. All donations made to a participating User must be made strictly to support a listed Dreamscape, cause or invention and are considered peer-to-peer donations.
Data Management:
Use of this platform acknowledges that FollowFunding is not obligated to retain data relating to any Dreamscape or User. FollowFunding reserves the right to delete data or to terminate accounts or Dreamscapes at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting there from.
Exiting The Platform:
You are in no way obligated to use FollowFunding for any designated length of time. You do however agree that NO REFUNDS of Annual Fees paid for the Services or donations provided to a User can or will be made. You can however cancel your service and eliminate future Annual Fees by clicking the cancellation button provided located in your profile. By taking this action, you will be instantly terminating access to your account and profile and eliminating any and all future service charges originating from FollowFunding.
User Disputes:
By using this platform you agree you are solely responsible for your interactions with any other User in connection with FollowFunding and related services. Although this is the case, FollowFunding reserves the right, but has no obligation, to become involved in any way with disputes between you and any other Users of the platform. If you have a dispute you want our help resolving, please send details by email to support@followfunding.com.
Dreamscape Approval Process:
When a Dreamscape is submitted for approval, FollowFunding will review the initial Dreamscape posting to help ensure it is in line with our policies and Terms of Use. Although there is a review period, under no circumstances will FollowFunding be liable in any way for any content or materials of any third parties or any User provided content. In addition, FollowFunding reserves the right in its sole discretion to refuse, remove, or disallow any content at any time and for any reason. This can be done with or without notice to the User, and without any liability to the User or to any third party for any claims, damages, costs or losses that may result.
If you have any additional questions regarding Terms of Use, please send an email to support@followfunding.com and allow up to 48 business hours for a reply.
Please note that this policy may be amended from time to time without notice to you. You should check back for the most current version before relying on any of the provisions in these Terms of Use as each update or amendment applies to your continued use of any Service we provide.
Last Updated: December 15, 2020
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