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    Terms And Conditions

    How Projects Work

    Most of our Terms of Use explain your relationship with us. This section is different—it explains the relationship between event organisers and backers of Livepass events, and who’s responsible for what. This is what you’re agreeing to when you create or back a Livepass event.

    We provide a funding platform for events that have yet to come to life. When an event organiser posts an event on Livepass, they’re inviting other people to form a contract with them. Anyone who backs an event is accepting the event organiser’s offer, and forming that contract.

    We are not a part of this contract—the contract is a direct agreement between event organisers and their backers. To the extent these Terms conflict with any supplemental or additional terms that are applied by an event organiser to their event, these Terms prevail. Here are the terms that govern the agreement between an event organiser and their backers:

    1. During a campaign, and especially when an event is successfully funded, event organisers owe their backers a high standard of effort, honest communication, and a dedication to bringing the event to life. At the same time, backers agree and acknowledge they’re not buying something when they back an event—they’re helping to create something new, not ordering something that already exists. Every event is different. There may be changes or delays, and there’s a chance something could happen that prevents the event organisers from being able to finish the event, which is not guaranteed.
    2. If an event organiser is unable to complete their event and fulfill rewards as represented on the event’s campaign page, they must make a reasonable effort to find another way of bringing the event to the best possible conclusion for backers. An event organiser in this position has remedied the situation and met their obligations to backers if:
      • they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the event as planned;
      • they work diligently and in good faith to bring the event to the best possible conclusion under the circumstances, in a timeframe that’s communicated to backers;
      • they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the event as promised;
      • they’ve been honest, and have made no material misrepresentations in their communication to backers; and
      • they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the event in some alternate form.
    3. The event organisers are solely responsible for fulfilling their event. If they’re unable to satisfy these terms, they may be subject to legal action by backers. We reserve the right to take any action we deem appropriate with respect to campaign funds while a dispute is pending.

    How Funding Works

    This section goes over the details of backing and creating events—things like how money gets collected, whether pledges can be changed or cancelled, and how event organisers can contact backers to provide rewards. In some circumstances, please note that we may represent the event organisers to facilitate the processing of rewards wherein under such circumstances, we will notify you accordingly.

    These are the terms that apply when you back an event during a live campaign before the funding deadline:

    1. Your pledge is non-refundable if the event reaches its fundraising goal. You’ll provide your payment information when you pledge, and you will be charged based on the pledge submited. The amount you pledged is the amount we will collect. If the campaign doesn’t reach its fundraising goal, we will provide a refund for all funds collected.
    2. In some cases we’ll reserve the charge on your card.  We and our payment processors may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full amount of the pledge, at any time between the date you make a pledge and the collection of funds.
    3. You can increase your pledge at any time before the event’s funding deadline. You can increase your pledge at any time during the campaign, with one exception. In the event passes for the event formulating the subject matter of the funding campaign has sold out, you will not be able to increase your pledge. Once the event has been funded, you can only cancel or change your pledge by making special arrangements directly with the event organisers. We are not responsible for cancellations or refunds.

    These are the terms that apply to all pledges:

    1. The estimated fulfillment date is the event organiser’s estimate. If the event organiser has offered rewards, any month and year given for each reward is only the event organisers’ estimate and not a guarantee they will fulfill by that time. The schedule may change as the event organisers works on the event. We ask event organisers to plan carefully, set estimated delivery dates they feel confident they can work toward, and communicate with backers about any changes.
    2. The event organisers may need to send you questions about any reward you have selected. The event organisers might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has successfully funded. To receive any reward, you’ll need to provide the information in a reasonable amount of time. Event organisers should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information. Contact us if you receive a request for information that seems inappropriate or excessive.
    3. We don’t offer refunds. Responsibility for finishing an event lies entirely with the event organisers. We don’t hold funds on event organisers’ behalf, cannot and does not guarantee event organisers’ work, and does not offer refunds.

    These are the terms that apply when you’re creating and running an event:

    1. You can refund individual pledges if you want. After your event has been funded, you can cancel and refund a backer’s collected pledge at any time. If you fully refund a backer’s pledge, you have no further obligation to that specific backer, and the agreement between you and the backer is terminated.
    2. We’ll charge our fees before sending funds to your bank account. We and our payment processors will deduct applicable fees before transmitting the proceeds of a campaign.
    3. We'll try to help resolve payment disputes. If a backer of your event disputes the charge with their issuer, we will re-present the charge to settle the dispute with the issuer. You’ll be notified that a dispute has been filed, and you may be asked to provide evidence to help us resolve it in your favor. If the dispute is found valid, you are responsible for the amount of the chargeback, and authorize us to charge the credit card you provided to us for such purposes when you started your event for the amount of the dispute.
    4. Prepare for potential delays. Don’t assume you’ll be able to launch your event when you want; there could be a reason we’re not able to approve it immediately upon submission, or a problem may arise that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. Don’t take any actions in reliance on collecting any of the money pledged by a certain time. We encourage you to wait until you actually have the ability to withdraw it from your account and spend it.

    Stuff We Don’t Do and Aren’t Responsible For

    We don’t oversee events’ performance, and we don’t mediate disputes between users.

    We are not liable for any damages or losses related to your use of our services. We don’t become involved in disputes between users, or between users and any third party relating to the use of our services.

    We don’t oversee the performance or punctuality of events, and we don’t endorse any content users submit to our site. When you use our services, you release us from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and our services. All content you access through our services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

    Our Fees

    We currently charge a 5% platform fee on amounts raised by successfully funded events, in addition to standard fees to cover costs charged to us by our payment processors. However, we reserve the right to waive any such platform fee charges wherein such waiver shall be duly communicated to you in order to create a binding effect.

    Creating an account on our site is free. If you create an event that reaches its funding goal, we reserve the right to collect a 5% platform fee and our payment processor collects a standard processing fee from each collected pledge. Our payment processor fees may vary slightly based on your location. If we change our fees, we’ll announce that on our site.

    Funds pledged by backers are collected by payment processors. Each payment processor is its own independent company, and we are not responsible for their actions.

    You are responsible for paying any additional fees and all local, state, federal or other taxes and assessments associated with your use of our site and services. For example, event organisers are solely responsible for collecting and/or remitting any applicable taxes for amounts received in connection with their fundraising campaigns and events.

    Other Websites

    If you follow a link to another website, what happens there is between you and them—not us.

    Our site may contain links to other websites. (For instance, event pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

    We partner with other companies for payment processing. When you back or create an event, you’re also agreeing to the payment processor’s terms of service.

    Our Rights

    To operate, we need to be able to maintain control over what happens on our site. We reserve the right to make decisions and to take any action we believe necessary or appropriate to protect the health and integrity of our system. We don’t exercise these powers lightly, and we only use them when necessary.

    To protect the health and integrity of our system and to help ensure that event organisers and backers enjoy a safe and secure environment, we reserves these rights:

    • We can make changes to our site and services without notice or liability at any time.
    • We have the right to decide who’s eligible to use our site and services. We may in limited circumstances impose restrictions or limitations on accounts. For particularly significant or repeated violations of our Terms or any other rules on our site, we may cancel accounts or decline to offer our services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If our services are prohibited by law where you live, then you may not use our site or our services, and our site and services are not available and may not be used by you.
    • We have the right to cancel any pledge to any event, at any time and for any reason.
    • We have the right to reject, cancel, interrupt, remove, or suspend any event, at any time and for any reason.
    • We have the right to cause funds to be withheld to comply with laws and regulations.
    • We have the right to force refunds of amounts collected by our payment processor prior to payout if we deem it necessary, appropriate or desirable in order to resolve any dispute that may arise between event organisers and any third party related to the event organisers’ use of our site or services.
    • We have the right to verify your identity and investigate your account details at any time. You agree to cooperate promptly with our verification requests and investigations, including by engaging with us through any reasonable means (such as live video sessions) and providing us with additional information as we may request, for the legitimate purposes of protecting the integrity of our platform and preventing fraud or other wrongful conduct. If you refuse to cooperate, we may cancel your event and/or your account, suspend payout of campaign funding until we are satisfied or force refunds, or take any other action we deem appropriate in our sole discretion.

    We are not liable for any damages as a result of any of these actions.

    It is our general policy not to comment publicly on the underlying reasons or the details of any such action. However, if we take any action in reliance on these rights, we will let the account holder know the reasons for this action and whether, if at all, they can remedy any issues except if we’re prohibited from doing so by law or in the interest of safety. For account cancellations, we will attempt to let the account holder know the reasons for this action in advance unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service.

    Indemnification

    If you do something on our site that winds up getting us involved in a dispute or sued, you have to help defend us.

    If you do anything that results in our involvement in a dispute or threatened with legal action or sued , or break any of the promises you make in these Terms, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of our site or services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses. As part of this, by accepting these Terms of Use, you consent to service of process for any action that could be brought against us, for any reason.

    Limitation of Liability

    If something bad happens as a result of your use of our site or services, we’re not liable (beyond a small amount).

    To the fullest extent permitted by law, in no event will we, our directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use our site or services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on our site. In no event shall our liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

    Miscellaneous

    These are our official terms and our rules for how things work, and are in addition to our Terms of Service. For the avoidance of doubt, all terms in the Terms of Service are incorporated herein by way of reference to the same thereof. You can verify any confusing or conflicting information you see elsewhere by referencing what we’ve explained on this page.

    These Terms and the other material referenced in them are the entire agreement between you and us with respect to this site and our services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and us and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.