These Terms of Service (The "Terms of Service") govern use of the websites and services (the "Services") of BackerLand Inc.(together with its affiliates, "BackerLand”), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, where such supplemental terms are incorporated by reference into the Terms of Service.
BackerLand, provides a marketing/promotion service. It is a platform for crowdfunding Project Creators to connect with 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“ BackerLand”.We refer to people and entities administering project as“ Project Creators” and to their project listing on BackerLand 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 BackerLand on another funding platform as“ BackerLand Backers, ”and we refer to that funding event at a“ BackerLand 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 BackerLand 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 BackerLand 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 BackerLand may reasonably request and to answer truthfully and completely any questions BackerLand might ask you in order to verify such User 's identity.
BackerLand 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 BackerLand or any BackerLand 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 BackerLand’s backer.
Backer responsibilities include but are not limited to the following:
BackerLand 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. BackerLand makes no assertions whatsoever about Platform Pledges. BackerLand does not guarantee that BackerLand Pledges will be used as promised, that Project Creators will deliver Rewards, or that the Project will achieve its goals. BackerLand 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.
BackerLand has the following rights:
BackerLand provides a platform for project creators to promote their project to backers and nothing more. When a Project Creator posts a project on BackerLand and allows BackerLand 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, BackerLand 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 BackerLand is used, the following apply:
BackerLand may, from time to time, help facilitate communication between Project Creators and BackerLand Backers. BackerLand may also sometimes provide guidance to Project Creators, Backers, and other Users concerning payment disputes. BackerLand 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 BackerLand 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).BackerLand does not recognize any third - party and / or agency affiliated with the Project or Project Creator. BackerLand 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, BackerLand 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 BackerLand 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:
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. BackerLand 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 BackerLand 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.
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 BackerLand 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 BackerLand, 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 BackerLand 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 BackerLand, 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. BackerLand may assume the exclusive defense and control of any matter for which Users have agreed to indemnify BackerLand and each User agrees to assist and cooperate with BackerLand in the defense or settlement of any such matters.
BackerLand 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.
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.
BACKERLAND(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 BACKERLAND 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 BackerLand 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 BackerLand 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 BackerLand’ s liability is limited to the smallest extent possible by law.Specifically, in those jurisdictions not allowed, BackerLand 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 BackerLand 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 Ontario, Canada (the principal place of business and corporate headquarters of BackerLand); and(b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over BackerLand, either specific or general, in jurisdictions other than Ontario, Canada. This Agreement shall be governed by the laws of Canada, without respect to its conflict of laws principles.
These Terms, along with any non - disclosure agreements signed by Project Creators, are the entire agreement between each User and BackerLand 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. BackerLand’ s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
BackerLand may alter the Terms at any time, so please review them frequently. If a material change is made, BackerLand 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.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
BackerLand may collect and use Users personal information for the following purposes:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.