Terms of Service

iFundie Terms of Use

iFundie LLC ("iFundie" or "we") has designed, developed and published a software product entitled iFundie ("Software"). The iFundie Software and associated applications (the "Service") are provided for personal purposes only. By using and/or visiting this website (collectively, including all Content available through the iFundie domain name, the "iFundie Website", or "Website"),

you acknowledge your assent to both the terms and conditions (the Terms of Service) and terms and conditions of iFundies Privacy Policy. IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIANS PERMISSION TO USE THIS SERVICE, IN ADDITION TO HAVE THEM READ AND AGREE TO THESE TERMS. We reserve the right to amend this Agreement at any time and without notice. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. By using the Service, you agree as follows:

Use of Service

iFundie grants you (the User) the non-exclusive, non-transferable, revocable, limited right to access the Service for Users personal use in accordance with the terms and limitations contained herein. All other rights are reserved by iFundie. Unless otherwise authorized in writing by iFundie , User may not use, copy, reproduce, modify, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Service (including, without limitation, any screenshots, videos, documentation or manuals relating to the Service) except as provided in this Agreement. iFundie reserves all rights not expressly granted herein in the Service. iFundie may terminate this license at any time for any reason or no reason. The iFundie Website may contain links to third-party websites that are not owned or controlled by iFundie. iFundie has no control over, and assumes no responsibility for the actions of any third party website. By using the Website, you expressly release iFundie from any and all liability arising from your use of any third-party website. The iFundie Service (including, without limitation, any Content or User Submissions) is provided only for your own personal, non-commercial use (except with respect to users listing projects as authorized through the Service). You bear responsibility for all of your activity in connection with the use of our Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by iFundie or its partners on or through the Service.

License Restriction

You shall not (and shall not permit any third party to) either (i.) take any action or (ii.) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

False poses as any person or entity, including any employee or representative of iFundie.
Violates any trademark, copyright, patent, right of publicity, trade secret, or other right of any other person or entity or breaches any law or contractual duty.
You are aware know is misrepresenting, false, misleading, inaccurate, or untruthful.
Has software viruses, trojans, malware, or any other computer codes, files, or programs that are designed or intended to damage, disrupt, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of iFundie or any third party;
Falls under unwarranted or unsolicited advertising, or spamming (junk or bulk e-mail)
Is illegal, imposing, vulgar, defamatory, offensive harassing, libelous, deceptive, fraudulent, insidious of another's privacy, tortuous, or obscene

Access to the site

While you are not required to register in order browse iFundie, to access specified features of the Website, including but not limited to, contributing to a Project, commenting on, posting, or following a project, you will need to register with iFundie and create a Member account. Your account gives you access to the services and functionality that we may establish and maintain at our sole discretion.

When creating your account, you are required to provide complete and accurate information. You bear sole responsibility for the activity that occurs on your account, and it is your responsibility to keep your account password secure. You must notify iFundie immediately of any unauthorized use or breach of security of your account. Although iFundie will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iFundie or others due to such unauthorized use.

select or use as a User ID or domain a name of another person with the intent to impersonate that person.
use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization.
select or use as a User ID or domain a name of another person with the intent to impersonate that person.

iFundie reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another users account without such other users express permission. You agree not to use or launch any automated system, including without limitation, robots, spiders, offline readers, etc., that accesses the Website in a manner that sends more request messages to the iFundie servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any registered users of the Website (each, a Customer and, collectively, Customers) with respect to their Materials.iFundie may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in iFundie's sole determination, you violate any of the Agreement, including the following prohibited actions:

attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
uploading invalid data, viruses, worms, or other software agents through the Service
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
interfering with the proper working of the Service or,
bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.

iFundie does not guarantee that any Content or User Submissions will be made available on the Site or through the Service. iFundie has no obligation to monitor the Site, Service, Content, or User Submissions. However, iFundie reserves the right to:

remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service 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 Content or if iFundie is concerned that you may have violated the Terms of Use), or for no reason at all

Posting a Project

iFundie.com is a platform that allows Artist and Entertainers to raise funds for in exchange for benefits given to project contributors. iFundie gives the opportunity for Project Creators to list projects and raise funds from other users of the site. All commerce aggregated for Project Creators are done so by Amazon Payments. iFundie never holds funds or credit card information intended for Project Creators.

As such, iFundie will responsible for your dealings with any organizations and/or individuals found on or through the iFundie service. This includes, without limitation, any explicit or implicit expressions of delivery of goods and services by Users of the platform, and any other conditions, promises, terms, or guarantees related with Projects iFundie. While it is in the spirit and our interest that all representations are fulfilled by Project Creators, iFundie cannot be held liable for performance and deliverance of project delivery. iFundie is not responsible for any damage or loss incurred as a result of any such agreements. All agreements are solely between you and Project Creators. iFundie is not under no duty to become involved in disputes between Project Creators and funders, between site members and any third party. In the event of a dispute, you agree to release iFundie, its officers, employees, agents and successors in rights 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 service.

iFundie cannot bear liability for the actions of Users of our services, Project Creators are wholly responsible for satisfying requirements both implied and explicit in any project listing that they have created.

iFundie reserves the full right to terminate a project listing and refund all respected members' payments at any time for any reason. iFundie reserves the right to remove a project from public listings for any reason at our sole discretion.

iFundie makes no assurances regarding the performance or fairness of Amazon Payments. Furthermore, because of occasional unforeseen problems with project listings, such as failure of some credit cards, iFundie cannot guarantee the full receipt of the targeted amount.

Those who create Projects may initiate refunds at their own discretion. iFundie cannot bear responsibility for issuing refunds for funds that have been collected by Project Creators.

iFundie reserves the right to cancel, interrupt or suspend a listing at any time for any reason.

User Content

Some areas of the iFundie Service may allow Users to post feedback, comments, questions, and other information. Any such postings, together with Project Postings, constitute User Content. You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, post) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You must be the owner of all the Intellectual Property Rights in the User Content you post, or have explicit permission from the owner(s) of all such rights to post the User Content on

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to iFundie a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.

iFundie takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. iFundie is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that iFundie shall not be liable for any damages you allege to incur as a result of such User Content.

Intellectual Property Rights:

If you are a copyright owner or an agent thereof and believe that any Materials or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the 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 the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail
A statement that you have a good faith belief that 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 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.

Please note that this procedure is exclusively for notifying iFundie and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with iFundies rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Please email iFundies Copyright Agent for copyright/intellectual property infringement notifications or counter-notifications at copyright@iFundie.com

You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that iFundie may ignore such incomplete or inaccurate notices without liability of any kind.

Warranty Disclaim

USER ACKNOWLEDGES THAT THE SOFTWARE AND SERVICE MAY WELL CONTAIN ERRORS AND DEFECTS. THE SOFTWARE AND SERVICE IS PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, IFUNDIE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

IFUNDIE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IFUNDIE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IFUNDIE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL IFUNDIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PROFESSIONALS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IFUNDIE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT IFUNDIE SHALL NOT BE LIABLE FOR ANY MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, OF ANY PROFESSIONAL) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by iFundie from its facilities in the United States of America. iFundie makes no representations that the iFundie Service is appropriate or available for use in other locations. Those who access or use the iFundie Service from other jurisdictions do so at their own volition and are responsible for compliance with local law..

Indemnity

You agree to defend, indemnify and hold harmless iFundie, its officers, directors, employees, Professionals, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

your use of and access to the iFundie Website
your violation of any term of these Terms of Service
your violation of any third party right, including without limitation any copyright,property, or privacy right; or
any claim that one of your Materials caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the iFundie Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iFundie without restriction.

the iFundie Service shall be deemed solely based in Atlanta; and
the iFundie Service shall be deemed a passive website that does not give rise to personal jurisdiction over iFundie, either specific or general, in jurisdictions other than Atlanta. These Terms of Service shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and iFundie that arises in whole or in part from the iFundie Service shall be decided exclusively by a court of competent jurisdiction located in Atlanta, Georgia. These Terms of Service, together with the Privacy Policy.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and iFundies failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

General

iFundie reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the iFundie Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

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