Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FuturePrize, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- FuturePrize.com Overview. FuturePrize provides an online platform for crowdfunded contests ("Contest"), where users ("Prize Creators") can create a Contest for any type of goal they would like to see achieved. Other users ("Donors") can then pledge funds for this Contest. A third set of users ("Prize Applicants") can then apply for the Contest funds by either providing proof of accomplishment of the Contest's goals, or by providing donors with a detailed proposal for how they will achieve the Contest's goals. Donors can then vote on which applicant, if any, should win the funds raised for the Contest. A Donor's vote counts in proportion to their donation amount, and a Prize Applicant must receive 70% or more of the vote in order to receive the Contest funds. If no Prize Applicant has 70% of the vote, there is a final up or down vote on the prize applicant with the highest amount of votes.
- Your FuturePrize.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.You must immediately notify FuturePrize of any unauthorized uses of your account or any other breaches of security. FuturePrize will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you create a prize, apply for a prize, comment on a prize, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your prize or prize application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other web sites and blogs, and similar unsolicited promotional methods;
- your prize or prize application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your prize or prize application's name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FuturePrize or otherwise.
By submitting Content to FuturePrize for inclusion on your prize page or prize application, you grant FuturePrize a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your prize or prize application. If you delete Content, FuturePrize will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, FuturePrize has the right (though not the obligation) to, in FuturePrize's sole discretion (i) refuse or remove any content that, in FuturePrize's reasonable opinion, violates any FuturePrize policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in FuturePrize's sole discretion. FuturePrize will have no obligation to provide a refund of any amounts previously paid.
- Prize Creators. Prize Creators may create a FuturePrize Contest by following the instructions on the Site and submitting a "Launch A Prize" form, providing all details in the format specified by FuturePrize. The Prize Creator guarantees that they do not own and will not file for any patents, trademarks, copyrights, or other intellectual property rights over any of the materials that they submit as part of their prize creation application, that, to the best of their knowledge, no other persons or entities hold such rights, and the Prize Creator further acknowledges that these materials have no real value in and of themselves. The Prize Creator acknowledges that the "Prize Applicants" responding to their prize Contest may use the materials submitted by the prize creator as the basis for their projects in good faith, and that the Prize Creator will not seek to claim ownership, license fees, or assignment fees from any of the Contest's Prize Applicants at a later date. The Prize Creator cannot interact with, plan, collude, or communicate with Prize Applicants outside of publicly viewable comments on the FuturePrize site itself.
- Donors. Contest Donors agree to provide payment information to FuturePrize at the time of their pledge. Though they will not be charged at the time of their pledge, they agree that their payment information will be used to charge them their pledge amount in the event that a FuturePrize Contest is successfully "won" by a Prize Applicant. They also agree to have funds or credit available in order to successfully complete the transaction at the time the prize is awarded. They also agree to be bound by the terms of the Donor Vote as described in the FuturePrize Overview section of this agreement, even if they themselves did not vote for the winning Prize Applicant. They understand that they may cancel their pledge anytime before the prize is officially awarded, but not after. If the Donor's credit card expires or their PayPal payment authorization expires before the Contest ends, FuturePrize will contact the Donor in order for them to update their payment information. Donors acknowledge that any contract that exists as a result of their donation exists solely between the Donor and the winning Prize Applicant, and that the winning Prize Applicant is solely responsible for fulfilling any promises, actions, delivery of goods, etc. promised in their application, and that FuturePrize cannot be held responsible for any actions or inactions by the winning Prize Applicant. Furthermore, FuturePrize is not responsible for dispute resolution, resolving customer service complaints, or facilitating any other communication between the Donor and winning Prize Applicant regarding the winning Prize Applicants fulfillment of promises made in their prize application.
- Prize Applicants. As a Prize Applicant, you are proposing a contract between yourself and Prize Donors when you apply for a FuturePrize Contest. This contract is completely separate from FuturePrize, the only parties to the contract being the Prize Applicant and the Prize Donors. It is entirely the Prize Applicant's responsibility to deliver on all promises and assurances made in their prize application. If a Prize Applicant offers rewards to the Donors, it is entirely the Prize Applicant's responsibility to ensure that these rewards are delivered in a manner satisfactory to the Donors. The production, shipping, customer service, and all other aspects of rewards fulfillment are entirely the responsibility of the winning Prize Applicant. If the Prize Applicant fails to deliver on promises made in their prize application, the Prize Applicant agrees to make all efforts, up to and including partial or full refunds, to satisfy Donors. A winning Prize Applicant acknowledges that the Contest amount transferred to the Prize Applicant may be less than the amount pledged, due to unsuccessfully processed payments. Prize Applicants agree to provide accurate, truthful, and up to date information to all requests by Future Prize. FuturePrize reserves the right to contact a Prize Applicant in order to verify any and all information provided by the Prize Applicant, and reserves the right to disqualify a Prize Applicant at any time, for any reason.
- Taxes and Fees. Prize Creators and winning Prize Applicants are responsible for all taxes, levies, or other charges that may arise under any applicable law for any funds generated from a Contest. Prize Creators and winning Prize Applicants are also responsible for all costs they may incur in assessing their tax liability on these funds. Donors are solely responsible for assessing the tax deductibility of their donations. FuturePrize charges a 3% fee on successfully awarded Contest funds, and FuturePrize's payment processors Stripe, Inc. and Airbrite, Inc. charge a payment processing fee of 5% collectively. This fee is non-refundable.
- Responsibility of Website Visitors. FuturePrize has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, FuturePrize does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FuturePrize disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FuturePrize.com links, and that link to FuturePrize.com. FuturePrize does not have any control over those non-FuturePrize websites and webpages, and is not responsible for their contents or their use. By linking to a non-FuturePrize website or webpage, FuturePrize does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FuturePrize disclaims any responsibility for any harm resulting from your use of non-FuturePrize websites and webpages.
- Copyright Infringement and DMCA Policy. As FuturePrize asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FuturePrize.com violates your copyright, you are encouraged to notify FuturePrize in accordance with FuturePrize's Digital Millennium Copyright Act (“DMCA”) Policy. FuturePrize will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FuturePrize will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FuturePrize or others. In the case of such termination, FuturePrize will have no obligation to provide a refund of any amounts previously paid to FuturePrize.
- Intellectual Property. This Agreement does not transfer from FuturePrize to you any FuturePrize or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FuturePrize. FuturePrize, FuturePrize, FuturePrize.com, the FuturePrize.com logo, and all other trademarks, service marks, graphics and logos used in connection with FuturePrize.com, or the Website are trademarks or registered trademarks of FuturePrize or FuturePrize's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FuturePrize or third-party trademarks.
- Advertisements. FuturePrize reserves the right to use content provided by prize creators and prize applicants in advertising to promote either the prize or FuturePrize itself.
- Changes. FuturePrize reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FuturePrize may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. FuturePrize may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FuturePrize.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. FuturePrize and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FuturePrize nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will FuturePrize, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FuturePrize under this agreement during the twelve (12) month period prior to the cause of action. FuturePrize shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless FuturePrize, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between FuturePrize and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FuturePrize, or by the posting by FuturePrize of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oakland County, Michigan. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules [including the Optional Rules for Emergency Measures of Protection], and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Oakland County, Michigan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FuturePrize may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.