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Terms and Conditions
Effective March 1, 2017
In these Terms, we refer to those raising funds as « Campaign Owners » and to their fundraising campaigns as « Campaigns. » We refer to those contributing funds as « Contributors » and to the funds they contribute as « Contributions. » Campaign Owners, Contributors and other visitors to the Services are referred to collectively as « Users. »
Waterforeveryone is a Venue
Waterforeveryone is an online venue for people and entities seeking to share knowledge, develop initiatives, raise funds for their own Campaigns and to contribute to the Campaigns of others. Waterforeveryone makes no representations about the quality, safety, morality or legality of any Campaign or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Waterforeveryone does not represent that Campaign Owners will deliver rewards or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities or guarantees.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Waterforeveryone reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering rewards and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Campaign Owners must not: (1) include threatening, abusive, harassing, defamatory, libellous, or profane content in any Campaign, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of Waterforeveryone, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.
Campaign Owners are not permitted to offer or provide any of the following as a reward to Contributors:
· any form of financial incentive or participation in any profit sharing;
· any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
· any controlled substance or drug paraphernalia;
· any weapons, ammunition and related accessories;
· any form of lottery or gambling;
· any human remains, such as bones or skulls;
· any form of air transportation; or
· any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
Waterforeveryone is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
· use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
· post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
· spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages;
· engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
· bypass any measures Waterforeveryone may use to prevent or restrict access to the Service;
· run any form of auto-responder or “spam” on the Service;
· Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
· take any action that imposes, in Waterforeveryone’s sole discretion, an unreasonable load on Waterforeveryone’s infrastructure;
· represent products or initiatives created by others as your own creation, or act as a reseller of others’ products or initiatives;
Waterforeveryone reserves the right to remove Campaigns and terminate User Accounts for such activities.
Prohibited Visual Elements in Campaign Images
Campaign Owners are not permitted to do any of the following with Campaign images:
· incorporate Waterforeveryone colours and branding elements, including but not limited to logos, coloured frames, borders or badges;
· include any visual element that could be interpreted to have been produced by Waterforeveryone, including but not limited to banners, progress bars or funding stats;
· include any visual element that communicates endorsement by Waterforeveryone.
Disputes between Campaign Owners and Contributors
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any rewards). Waterforeveryone does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Owner. Waterforeveryone is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, Waterforeveryone is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in fulfilment of a reward, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Waterforeveryone immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Waterforeveryone may reasonably request and to answer truthfully and completely any questions Waterforeveryone might ask you in order to verify such User’s identity.
License to Users and Use of Waterforeveryone Trademarks
Waterforeveryone grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
With the exception of User Content (defined in the User Content paragraph below), all content made available through the Waterforeveryone platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of Waterforeveryone or other Campaign Owners and is protected by Swiss and international intellectual property laws.
The trademark Waterforeveryone® is a registered trademark owned by Waterforeveryone. Users are strictly prohibited from registering domain names, social media accounts, user names, handles, trademarks, copyrights, apps, trade names, or corporate names that incorporate the Waterforeveryone trademark or are confusingly similar to Waterforeveryone’s trademarks.
Campaign Owners are permitted to offer rewards to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any rewards). This commitment includes shipping rewards to Contributors before fulfilling any orders received after the Campaign has ended. For Campaign Owners participating in programs with our retail partners, failure to ship orders to Contributors first may result in removal from such partnership programs.
Campaign Owners will respond promptly and truthfully to all questions posed to them by Waterforeveryone or any Contributor. Campaign Owners will provide timely, frequent and substantive updates to their Contributors. If any Campaign Owner is unable to fulfil any of its commitments to Contributors (including delivering any rewards), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions.
Your location as reflected on your Campaign page must match your legal residence that you submit to Waterforeveryone when you create the Campaign. Campaign Owners may not create multiple Campaigns without proof of meeting fulfilment obligations from the original Campaign. Failure to adequately fulfil Campaign obligations may result in Waterforeveryone removing the Campaign(s) from Waterforeveryone website, and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds. Waterforeveryone will not be required to disburse Campaign funds to any third parties.
Campaign Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. Campaign Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with rewards. Campaign Owners may not use a false email address to self-fund, or contribute to, their own Campaigns; this is a violation of our payment gateways policies and of our Terms and Conditions.
Waterforeveryone may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Waterforeveryone’s review of the fulfilment status of prior crowdfunding obligations. Waterforeveryone reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior crowdfunding project on Waterforeveryone or another platform.
You acknowledge that as a Campaign Owner, if you do not act in accordance with Waterforeveryone’s Terms, Waterforeveryone may obtain reimbursement of any amounts owed by a Campaign Owner to Waterforeveryone by holding funds from your Campaign, or from the connected Paypal or bank account associated with your Campaign, or by seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections services.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Waterforeveryone does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver rewards, or that the Campaign will achieve its goals. Waterforeveryone does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, reward or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any rewards for tax purposes. If a Contribution is returned to a Contributor, the associated rewards, if any, shall be cancelled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the « Service Fees »). By using the Services Users agree to our Service Fees detailed below. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
It is free to create a campaign. If you raise funds, the following fees will be applied: 5% Indiegogo platform fee and payment processor fees (3-5% per processor). Campaigns with bank accounts outside Switzerland will also have a € 25 bank transfer fee.
· Waterforeveryone’s platform fee on all funds raised is 5%.
· It is free to sign up and create a campaign and fees are deducted from the funds you actually raise (not the goal you set).
· In addition PayPal and Stripe (credit card processor) charge a processing fee, based on several factors, including the funding type and currency you choose, and the country in which your bank is located.
· Funding campaigns can accept contributions through PayPal, credit card, or both.
Contributors may not request any refund from Waterforeveryone. Waterforeveryone reserves the right to terminate User Accounts and remove Campaigns for any abuse of the Terms and Conditions without any refund. For Campaigns that have ended, or in situations where the contribution funds have been transferred to the Campaign Owner, Contributors should contact the Campaign Owner directly regarding possible refunds.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, « User Content »). Users grant Waterforeveryone a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Waterforeveryone, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a « Promotion ») on the Services without Waterforeveryone’s prior written permission (which may be granted or withheld by Waterforeveryone in its sole and absolute discretion). Campaign Owners may request permission from Waterforeveryone by sending an email to email@example.com. Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that: (a) such Campaign Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Waterforeveryone does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Waterforeveryone from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Campaign Owner and not to Waterforeveryone.
Third-Party Websites, Advertisers or Services
Campaigner Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Campaign Owners on Waterforeveryone are provided by Stripe, Inc. (« Stripe ») and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the « Stripe Services Agreement »). By continuing to operate as a Campaign Owner on Waterforeveryone, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Waterforeveryone enabling credit card payment processing services through Stripe, you agree to provide Waterforeveryone accurate and complete information about you and your business, and you authorize Waterforeveryone to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
If a chargeback is filed for a contribution to a Campaign on Waterforeveryone, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify Waterforeveryone of the chargeback. Waterforeveryone may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies Waterforeveryone through the payment processor, Waterforeveryone will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Campaign Owner.
If the disputed transaction has already been disbursed to the Campaign Owner, Waterforeveryone will hold funds from the Campaign’s disbursement(s) to cover the cost of the chargeback. Once notified of the financial institution’s decision, Waterforeveryone will take appropriate the action as specified above.
By using our Services, you acknowledge that Waterforeveryone reserves the right to attempt to recover or hold funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, a Campaign Owner does not act in accordance with Waterforeveryone’s Terms, or other situations resulting in negative balances.
We may obtain reimbursement of any amounts owed by a Campaign Owner to Waterforeveryone by holding funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, or seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.
Each User agrees to defend, indemnify and hold harmless Waterforeveryone, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Waterforeveryone may assume the exclusive defence and control of any matter for which Users have agreed to indemnify Waterforeveryone and each User agrees to assist and cooperate with Waterforeveryone in the defence or settlement of any such matters.
Waterforeveryone has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN « AS IS » AND « AS AVAILABLE » BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Limitation of Liability
WATERFOREVERYONE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED EUROS (€ 100.00) OR THE FEES PAID TO WATERFOREVERYONE FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WATERFOREVERYONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow Waterforeveryone to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Waterforeveryone’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Waterforeveryone does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Waterforeveryone without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Waterforeveryone may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Switzerland (the principal place of business and headquarters of Waterforeveryone); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Waterforeveryone, either specific or general, in jurisdictions other than Switzerland. This Agreement shall be governed by the laws of Switzerland, without respect to its conflict of laws principles.
Waterforeveryone and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. Waterforeveryone and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that Waterforeveryone asserts against User, and that User asserts against Waterforeveryone, any related or affiliated entity, and the officers, directors, agents or employees of any of them. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against Waterforeveryone or a related party, a User must send a letter requesting arbitration and describing the claim to Waterforeveryone’s registered agent, Le Vieux Bourg 7, 1026 Denges, Vaud, Switzerland.
Campaign Owners and other Users should be aware that many countries impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those countries. While provisions vary country to country, these country laws typically include registration and reporting requirements. Waterforeveryone merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Waterforeveryone makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized non-profit organization or other tax -advantaged organization. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree Waterforeveryone may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by Waterforeveryone or its Users might be similar or even identical to a submission received by Waterforeveryone or its Users. When we refer to a « submission » in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the Waterforeveryone platform or to Waterforeveryone about an existing product or service on, or a feature of, or a proposed addition to, the Waterforeveryone platform.
With regard to User submissions:
(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
(2) Waterforeveryone and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) Waterforeveryone and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and Waterforeveryone regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Waterforeveryone’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Waterforeveryone may alter the Terms at any time, so please review them frequently. If a material change is made, Waterforeveryone may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A « material change » will be determined at Waterforeveryone’s sole discretion, in good faith, and using common sense and reasonable judgment.