CROSSPROMOTED, provides a marketing/promotion service and a resource for crowdfunding. It is a platform for crowdfunding project creators to connect with other project creators and crowdfunding backers. In these Terms, We refer to these marketing/promotion services, provided through the Internet, web – sites, emails, applications, and other ways as the“ Service”, “Services”, or as “CROSSPROMOTED”. We refer to people and entities administering project as “Project Creators” and to their project listing on CROSSPROMOTED as “Projects”. We refer to those who have funded a Project on another platform as“ Platform Backers”, and that funding event as a “Platform Pledge”. We refer to those funding a Project listed on CROSSPROMOTED on another funding platform as “CROSSPROMOTED Backers, ”and we refer to that funding event at a “CROSSPROMOTED Pledge”. We refer to both sets of the backers mentioned immediately above as “Backers”, and both sets of pledges mentioned immediately above as “Pledges”. Project Creators, Backer, and other visitors to the Services are referred to collectively as “Users.” Users can have accounts on CROSSPROMOTED which represent information personal to them, and accessible only by them(“User Account”).
All information submitted in connection with a User Account must be accurate and truthful. Users agree to notify CROSSPROMOTED 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 CROSSPROMOTED may reasonably request and to answer truthfully and completely any questions CROSSPROMOTED might ask you in order to verify such User ‘s identity.
License to Users
CROSSPROMOTED 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.
Project Creators responsibilities include but are not limited to the following:
Project Creators are permitted to offer Rewards/Discounts to Backers. Project Creators Owners will respond promptly and truthfully to all questions posed to them by CROSSPROMOTED or any CROSSPROMOTED Backer. Project Creators will comply with all applicable laws and regulations in the use of Pledges and delivery of Rewards/Discount. Project Creators are responsible for fulfilling promised Rewards/Discounts to CROSSPROMOTED Backers.
Backer responsibilities include but are not limited to the following:
CROSSPROMOTED Backers and all Users are solely responsible for asking questions and investigating Project Creators and Projects to the extent they feel is necessary before making a Pledge.
All pledges are made voluntarily and at the sole discretion and risk of the Backer. CROSSPROMOTED makes no assertions whatsoever about Platform Pledges. CROSSPROMOTED does not guarantee that CROSSPROMOTED Pledges will be used as promised, that Project Creators will deliver Rewards, or that the Project will achieve its goals. CROSSPROMOTED does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Reward or Pledge, or the truth or accuracy of User content posted on the Services. If a Pledge is returned to a Backer, the associated Rewards, if any, shall be canceled.
If a Pledge is returned to a Backer, the associated Rewards,if any, shall be canceled.
CROSSPROMOTED has the following rights:
- CROSSPROMOTED can make changes to CROSSPROMOTED without notice or liability.
- CROSSPROMOTED has the right to decide who is eligible to use CROSSPROMOTED. We can cancel accounts or decline to offer our Services.
- CROSSPROMOTED can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use CROSSPROMOTED in that jurisdiction.
- CROSSPROMOTED has the right to reject, cancel, interrupt, remove, or suspend any Project at any time and for any reason.
- CROSSPROMOTED is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
- CROSSPROMOTED reserves the right to prohibit or remove a Project for any reason, including if the Project Creator is significantly delayed by in fulfilling a prior crowdfunding project on CROSSPROMOTED or any other platform.
Relationships between Backers and Project Creators
CROSSPROMOTED provides a platform for project creators to promote their project to backers and nothing more. When a Project Creator posts a project on CROSSPROMOTED and allows CROSSPROMOTED Pledges, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the Project Creator’ s offer, and forming that contract. When this occurs, CROSSPROMOTED is not a party to this contract. The contract is a direct legal agreement between creators and their backers.
Here are the terms that govern that agreement:
Throughout the process, Project Creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, Backers must understand that when they back a project, they’re helping to create something new— not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.
If a Project Creator is unable to complete their endeavor and fulfill Rewards/Discounts, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers.
Regardless of how CROSSPROMOTED is used, the following apply:
- Rewards are not offered by CROSSPROMOTED
- CROSSPROMOTED is not party to any transaction with Backers. Aside from transactions between CROSSPROMOTED and Project Creators specifically mentioned below under “Service Fees”, CROSSPROMOTED is not party to any transaction with any User.
- CROSSPROMOTED makes no representations about the quality, safety, morality or legality of any Project, Reward, or Pledge, or the truth or accuracy of User Content (as defined below) posted on the Services.
- CROSSPROMOTED does not represent that Project Creators will deliver Rewards or that Pledges will be used as described in the Project or on any other Platform.
- Users use CROSSPROMOTED at their own risk.
CROSSPROMOTED may, from time to time, help facilitate communication between Project Creators and CROSSPROMOTED Backers. CROSSPROMOTED may also sometimes provide guidance to Project Creators, Backers, and other Users concerning payment disputes. CROSSPROMOTED may attempt to help the parties move to a mutually satisfying resolution. When such occurrences happen, the provision of any such guidance in any communication shall be considered common – sense, and not expert, financial, or legal advice. Any guidance provided by CROSSPROMOTED to Project Creators, Backers, or Users in will not be construed as acceptance of any official involvement in the dispute as advisor, mediator, arbitrator, fiduciary, or any other legally meaningful role.
Project Creators may be legally bound to perform on any promise and / or commitment to Backers (including delivering any Rewards/Discounts). CROSSPROMOTED does not recognize any third – party and / or agency affiliated with the Project or Project Creator. CROSSPROMOTED is not involved in, and is under no obligation to become involved in, disputes between Project Creators, Backers, Users, or any third – party.
In addition, CROSSPROMOTED is under no obligation to become involved in disputes regarding the determination of a Project’ s rightful Project Creator, and will not be obligated to make any changes to Project Creator accounts or transfer of ownership.
In the event of any dispute, such as a Project Creator ‘s alleged failure to comply with the Terms, or alleged failure in fulfillment of a Reward, we may provide the Project Creator’ s contact information to Users so that the two parties may resolve their dispute.
Setting up an account on CROSSPROMOTED is free. We do not charge our Service fees to Backers, or any Users that are no Project Creators. From Project Creators, fees may be applied in the following ways, depending on which service plan is selected:
- Listing Fee – A non-refundable fee for listing a project on CROSSPROMOTED. This fee is paid by Project Creators to CROSSPROMOTED.
- Newsletter Fee – A non-refundable fee to be featured in our promotional newsletter each time.
- Add – On Fee – From time to time, we may customize our promotional service and charge an added-on fee based on Project Creators’ demand and is handled on a case by case basis.
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. CROSSPROMOTED reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Pledge, or the Services at any time for any reason without liability.
Project Creators are not permitted to create a Project to solicit information from users for illegal activities, to cause harm to people or property, or to scam others. Users must comply with all applicable laws and regulations in connection with their Projects, including offering Rewards and using Pledges. Project Creators shall not make any false or misleading statements in connection with their Projects.
Campaign Owners are not permitted to use CROSSPROMOTED to offer or provide any of the following as a Reward:
* any form of “security” (as such term is defined in the Securities Act of 1933);
* 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 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.
Third – Party Websites, Advertisers or Services
Project Creators that accept PayPal acknowledge and agree to comply with PayPal’ s Crowdfunding and Acceptable Use Policies.
Credit card payment processing services for Project Creators on CROSSPROMOTED are provided by Paypal, Inc. (“Paypal”) and are subject to the Paypal Terms of Service (collectively, the “Paypal Services Agreement”). By continuing to operate as a Project Creator on CROSSPROMOTED, you agree to be bound by the Paypal Services Agreement, as the same may be modified by Paypal from time to time. As a condition to CROSSPROMOTED enabling credit card payment processing services through Paypal, you agree to provide BackerLand accurate and complete information about you and your business, and you authorize BackerLand to share any such information with Paypal, as well as transaction information related to your use of the payment processing services provided by Paypal. 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.
Each User agrees to defend, indemnify and hold harmless CROSSPROMOTED, 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. CROSSPROMOTED may assume the exclusive defense and control of any matter for which Users have agreed to indemnify CROSSPROMOTED and each User agrees to assist and cooperate with CROSSPROMOTED in the defense or settlement of any such matters.
CROSSPROMOTED 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.
Waiver and Release
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies: For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
CROSSPROMOTED (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 U.S.DOLLARS($100 .00) OR THE FEES PAID TO CROSSPROMOTED 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 CROSSPROMOTED 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 CROSSPROMOTED 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 CROSSPROMOTED’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, CROSSPROMOTED 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.
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 CROSSPROMOTED 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 Los Angeles, CA (the principal place of business and corporate headquarters of CROSSPROMOTED); and(b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over CROSSPROMOTED, either specific or general, in jurisdictions other than Los Angeles, CA. This Agreement shall be governed by the laws of California, without respect to its conflict of laws principles.
Entire Agreement / Severability
These Terms, along with any non – disclosure agreements signed by Project Creators, are the entire agreement between each User and CROSSPROMOTED regarding its subject matter. If any provision of these Terms are 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. CROSSPROMOTED’ s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
CROSSPROMOTED may alter the Terms at any time, so please review them frequently. If a material change is made, CROSSPROMOTED may, but is not obligated to, notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate.