Terms of use
Premise
All users are advised to read the terms of use, listed below, prior to using the services offered by BeCrowdy s.r.l.s. This agreement establishes legally binding terms and conditions for the use of the website www.becrowdy.com.
By visiting, browsing and subscribing to the website, the user, either the project creator (the person who creates a crowdfunding campaign) or the backer (the person who funds a campaign) agrees to be bound by the terms of this agreement.
All users of this site as well as collaborators, IT experts, technicians, users of the site or the services offered are bound by this agreement.
The company BeCrowdy s.r.l.s, with headquarters in Parma (PR), Italy, Borgo Pietro Giordani 28, ZIP code 43121, Tax Code and registration number: 02708040346, hereinafter for brevity also referred to as "platform" is the owner of the internet portal called BeCrowdy, crowdfunding (fundraising) platform for the purpose of financing cultural and/or artistic projects of individual users (referred to as artists) and artistic and cultural promoters of all kinds (referred to as promoters) such as cultural associations, exhibitions, festivals, art galleries, theaters, etc.
1. Description of the provided service
The company BeCrowdy s.r.l.s. shall provide users with access to the site, as described in the Premise. All users (both project creators and backers) acknowledge and accept that BeCrowdy assumes an obligation of means and not of result.
2. Acceptance of Terms and Age required to access the service
Access to the service offered by BeCrowdy is bound to abide by the terms of use and conditions in their entirety as indicated in this document (TERMS OF USE), including the privacy policy available in the PRIVACY section of the site, which may be updated periodically and without prior notice by BeCrowdy.
Users must be 18 years of age or older to use the services of the platform BeCrowdy. The user must declare and guarantee that he has the legal age to stipulate a binding contract. Minors may use the service only with the consent of their parents and assisted by them.
The platform can be used by any user, regardless of sex or nationality.
3. Modification of Terms of Use
BeCrowdy s.r.l.s. reserves the right to modify or replace one or any of these Terms of Use without notice or communication at its discretion. If it should modify, suspend and/or discontinue the service, it may do so at any time by communicating this via email and/or communicating it on the platform itself.
BeCrowdy s.r.l.s. may also limit without prior notice or liability, the partial or total access to the service and/or some features of the website.
The user is encouraged to check the terms of use periodically. The use of the service following the publication of any changes to the Terms of Use constitutes acceptance of those changes.
4. Registration on the platform BeCrowdy
- It is not necessary to register on the website to browse the site and view its contents.
- To use the services, meaning to create a project or to finance a project and purchase a reward, it will be necessary to register for free on the platform by choosing a username and password and providing an email address.
- The user must provide true, correct and updated information, otherwise the account may be deleted at the sole discretion of BeCrowdy.
- It is forbidden to use the identity or email address of another person.
- The user is responsible for the activity that occurs on his Username and must maintain his password confidential.
- BeCrowdy, after receiving the necessary information, sends the user an email to the email address provided with the information needed to complete the registration on the platform. Should the user change his email address, he must notify BeCrowdy in a timely manner. In the absence of this communication, BeCrowdy will continue to send notices and information to the email address provided by the user.
- BeCrowdy can refuse registration or cancel an account at its sole discretion. It may also refuse to provide service to any person or entity and change the eligibility criteria at any time, at its sole discretion.
- Upon registration on the platform, the user will provide personal information, such as name, address, date of birth and other data. BeCrowdy reserves the right to gather more information about the type of browser and operating system used and the IP address.
- BeCrowdy avails itself of the right to use the email address provided by the user to send notices required by law, for information regarding new services as well as surveys to improve these services.
- BeCrowdy may also provide the user’s personal information to business partners and to the project creator of the campaign funded by the user.
5. Users: obligations, prohibitions, responsibilities
5.1 Obligations
- The user is responsible for the sensitive data stored on the site and password, which must remain confidential
- The user must comply with the laws and fundamental principles of IT law such as fairness, respect, transparency, professionalism and the preservation of the different interests involved. The user must then act in a transparent manner, to avoid possible misunderstandings.
- Towards BeCrowdy: The user is obliged not to try to make unauthorized access to the computer systems of the platform. Also, he should not in any way discredit the quality or impair the functionality of the platform. The user is required to enter any information manually on the website, without any kind of automatic device or program.
- Towards other users: the user is required not to collect data of other users for any illegal, commercial or harmful purpose and cannot contact a user who has requested not to be contacted.
5.2 Prohibitions
In compliance with the Terms of Use, the user cannot:
- Violate any applicable local, state, national and international law, including regulations;
- Publish or sell:
- Material that contains software viruses or programs that may damage/destroy any software, hardware or telecommunications equipment, damage or obtain unauthorized access to any system, data, password or other information of the platform or of any third party
- Pornographic material
- Material that may cause harm or harassment to one or more third parties (stalking, intimidation, threats)
- Spam, surreptitious advertising, promotional materials
- Drugs or substances that do not meet safety standards, as well as medicines
- Material that incites to violence, crime or racism
- Indecent material
- Materials related to weapons or other hazardous materials
- Materials related to gambling
- Publish any illegal service or distribute items whose sale is prohibited or restricted by any applicable law
- Interfere with the proper operation of the platform and any activity carried out on the same
- Decipher, decompile, disassemble, decrypt, extract groped secret codes and/or confidential information, ideas, algorithms of any part of www.becrowdy.com except to the limited extent permitted and modify, translate, create derivative works from any part of the service, copy, rent, lease, distribute or transfer any rights.
- It is not permitted, for the whole duration of the campaign, to present the same project on crowdfunding platforms different from BeCrowdy. In the event that this occurs, the project could be removed from the platform, at the sole discretion of BeCrowdy.
5.3 Responsibility
BeCrowdy is not responsible for the content of information posted by its users on the website or through the same and is not liable in any way for damage caused directly or indirectly by the services provided.
BeCrowdy is committed to control and monitor the platform in general and the contents posted and submitted by users. It also reserves the right to remove, reformat, delete, or modify at any time, for any reason and without notice or limitation, the content published by users, at its sole discretion and without providing reasons.
BeCrowdy assumes no responsibility with regard to the content and materials on the platform and cannot vouch for the authenticity, accuracy and legality of them. BeCrowdy is not in any way responsible for the publication by users of material on which they do not hold any intellectual property right.
BeCrowdy cannot guarantee the identity of users with whom the user may interact during navigation, the use of the platform and related services.
The user who is registered on the platform and identifiable via his username can publish content such as videos, images, text, information, audio clips, graphics, and is directly responsible for such content, for the messages or comments that he publics and all activities related to his presence on the platform, including any loss or damage resulting from his act to the detriment of third parties.
The user is not authorized to use the platform for purposes that are prohibited by this Agreement and by law.
The user confirms that the published content does not violate any third party rights of any kind, including, without limitation, those relating to intellectual property, publicity and privacy. The user grants to all users of the site a non-exclusive license to access content published by himself and to use, modify, reproduce, distribute, prepare derivative works from the aforementioned. The user also agrees not to publish without permission copyrighted material or owned by third parties.
The user may not post content that:
- contains sensitive data
- contains incorrect information
- contains references or information that are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene or offensive
- constitutes a crime
- can create any kind of loss or damage to a third party
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligations
6. BeCrowdy: obligations, responsibility and warranty
6.1 Obligations
BeCrowdy is committed to maintaining the efficiency of the service offered. In case it is forced to interrupt the service for exceptional events or for maintenance, BeCrowdy will make sure to restore the service as quickly as possible to minimize the risk of inconvenience caused to its users.
BeCrowdy will define the procedures for access to services, reserving the right to improve them at any time. BeCrowdy will provide users with all the necessary technical information to gain access to these services.
6.2 Responsibility
In no event BeCrowdy is responsible for the malfunctioning of service, caused by malfunctions of telephone lines, electricity, other means of transmission line, such as failures, overloads, outages, and in any case any cause that is not dependent from its behavior.
BeCrowdy cannot be held responsible for non-fulfillment to comply with its obligations arising from causes beyond the sphere of the company's control, or by force majeure.
BeCrowdy cannot be held responsible for non-fulfillment of third parties which affects the operation of the service, including speed slowdown, or malfunctioning of telephone lines and computer networks.
BeCrowdy is not responsible for any kind of malfunction of its own website, which is caused by fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, insurrection, riot, strikes and any other unpredictable and exceptional cause which impede from providing the agreed service.
BeCrowdy is extraneous to any disputes or negotiations that may arise between the project creators and the backers, including users and third parties. In case of dispute, BeCrowdy is expressly released, along with its officers, employees and agents, from all claims, damages and demands of any kind, known or unknown, suspected or not, disclosed or reserved, arising directly and/or indirectly from these disputes. BeCrowdy is not responsible for any action done by and/or against a project creator.
BeCrowdy is not subject to liability or obligation with respect to every aspect of tax, accounting and/or tax related or otherwise, attributable to the management of the amount received by the project creator as funding from the backers, in each case, be due to the potential development of commercial projects, the possible sale of goods, gifts and/or rewards associated with the receipt of these funds.
BeCrowdy reserves the right to cancel, refuse, delete, discontinue, remove or suspend a campaign at any time and for any reason.
If BeCrowdy receives information and as a result believes that the project creator cannot carry out the project for which he launched a crowdfunding campaign, BeCrowdy can close the campaign and the project creator will be obliged to refund users if they have incurred in any expense.
6.3 Warranty
The user acknowledges and agrees that BeCrowdy has no responsibility and/or control of:
- users who access the site;
- content accessed through the site;
- effects of the users;
- interpretation and/or use of the content;
- content on the site and related information that some people may find offensive or inappropriate.
BeCrowdy makes no declaration concerning any content accessed through the site, and will not be liable for the accuracy, copyright compliance, legality or decency of material contained on www.becrowdy.com.
The service is offered in the state of fact and law under these conditions, without warranties of any kind, express or implied, for which BeCrowdy assumes no responsibility.
BeCrowdy shall not be liable for the privacy of email addresses, for registration and identification information, disk space, communications, confidential information or trade secrets, or any other content stored on BeCrowdy, transmitted over networks accessed by the site, or otherwise related with the use of the platform.
The user agrees to defend, indemnify and hold harmless BeCrowdy, its affiliates, employees, administrators and those who work in any capacity on behalf of BeCrowdy, from all liabilities, claims and expenses, lawsuits, which may arise, or which may refer to the use or improper use of the site, services, content, or otherwise in violation of the terms of use, or in violation by the user or third party of use of any intellectual property or other right of any person or entity.
BeCrowdy may link to other websites, and other websites or resources may contain links to the site. When the user logs on to third party websites, he does so at his own risk. These websites are not under BeCrowdy's control, and the user acknowledges that the Company is not responsible for the content, functions, accuracy, legality, opportunity or any other aspect of such websites or resources. The inclusion of any link does not imply endorsement by BeCrowdy or any association with its operators. The user acknowledges that BeCrowdy is not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any website or resource.
7. Intellectual Property
The user is aware and accepts that the service may include material and information protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The user therefore undertakes to respect and maintain all copyright notices, information and restrictions contained in any content accessed through the platform. BeCrowdy may at its discretion close the accounts of users who infringe the intellectual property rights of others.
If a user believes that his project has been copied and that he has subsequently suffered a violation of copyright, he must promptly report it to BeCrowdy, so that the company can identify the offense and the material in question, by written notice stating the description of the work protected by copyright and/or the copyright that has allegedly been violated, the description of the material located on the platform that he claims has been infringed, and the referential address, phone number and e-mail address.
7.1 Intellectual Property: project creators
BeCrowdy does not have any ownership rights on the content of the projects published on the platform by the project creators, but it has permission by the project creator in order to host such products on the site.
BeCrowdy has the right to publish the product on the site, in order to allow the use, acceptance, exposure, and therefore perform the service in the name of the project creator, and allow users to display, distribute and otherwise exploit content, along with all associated works, copyrights, or metadata, including, without limitation, photographs, graphics, and descriptive text. All this allows the flow, transmission, reproduction, display, distribution and collection of projects.
BeCrowdy has the right to use, reproduce, copy and display the trademarks, service marks, slogans, logos or similar proprietary rights of the project creator, in relation to the service offered, and to the promotion/redistribution through the site or other channels.
7.2 Intellectual Property: users
On the platform BeCrowdy users have the possibility to distribute, collect, add, create, upload, post content, videos, audio clips, comments on forums, data, text, images or other information on the site.
Presenting material on the site or in another way through the platform, the user expressly recognizes that:
- He may be identified publicly by his Username and may therefore be associated with each contribution he will publish;
- He owns all rights to the posts he makes and that they are of public domain;
- He grants BeCrowdy the right to use the published material in order to use, reproduce, distribute, prepare derivative works, display products in relation to the site, without limitation, for the promotion and redistribution of part or all of the site without exclusion of means and/or channels;
- He grants each user of the platform the right to use, modify, reproduce, distribute, prepare derivative works, display and perform the content published solely for his personal use, not for commercial use;
- The use of such content by BeCrowdy and other users, do not infringe the rights of third parties, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or right.
The user expressly acknowledges that all content that is accessible by the user using the service is his responsibility, including any damages that may arise.
BeCrowdy has no control over the material presented by the user. BeCrowdy cannot guarantee the authenticity of users' data or content submitted by them.
BeCrowdy has the right to terminate the access to all or part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
BeCrowdy will collect the identifying information supplied by users, such as usernames, email addresses and any information about the customer, or data necessary for the performance of the same in its records in an electronic database and/or on paper, owned by BeCrowdy s.r.l.s. BeCrowdy will not sell the information collected to third party companies.
8. Payments
8.1. Funding and rewards
- When a backer makes a donation on the platform in support of a project, this donation is a promise of payment until the end of the crowdfunding campaign. The user agrees to make the amount he wants to donate available by the deadline of the campaign that he wants to support.
- At the end of the campaign, if the project will be successfully funded and will have reached the budget, the donated amount will be charged. If the project is not successful, the amount will not be taken from the account.
- Donations can vary from a minimum of 2,00 Euro to a maximum of 1.000,00 Euro. It is not possible to make a fractionated donation (i.e. 5,50 Euro).
- Every donation will correspond to a reward. The amounts of the donations are divided into different sections and chosen by the project creator, who will then assign to each of these amounts a reward for the backer.
- BeCrowdy is not responsible for the delivery of rewards offered by the project creators in exchange for the backers' donations.
- Through the offer made, the user becomes entitled to the reward of his choice which is promised by the project creator. Through the donation the backer does not acquire intellectual property rights or otherwise, trademark, patent or other rights on the project he supports.
8.2 Payment Methods
- The user can pay through PayPal system, using all credit cards including prepaid cards such as Postepay.
- BeCrowdy does not offer guarantees regarding the performance or operation of the payment platform Paypal.
- BeCrowdy does not store data related to credit cards. The data related to credit card details are stored in encrypted form from the payment gateway. The platform stores only a reference ID provided by the payment gateway.
- The project creator who will receive the amount collected during the period of the campaign on BeCrowdy will become its exclusive owner. The tax regularization of the amount received will be his own responsibility, in relation to his tax position.
- In the event that the project published on BeCrowdy reaches the economic goal (budget), the project creator will receive, within 30 days from the end of the campaign, the amount raised, net of BeCrowdy's fee (8% of the amount), the costs of transaction of the payment system used and of VAT and withholding tax when due. In the event that the project does not reach its budget, no fee will be due by the project creator to BeCrowdy.
- The transaction costs mentioned above will be borne by the project creator, therefore deducted from the amount collected during the campaign, only in the event that the project will reach the budget. Transaction costs may vary depending on the method of payment chosen.
- Once the funds are transferred to the project creator and all information on the backers have been provided to him, the relationship between the project creator and BeCrowdy shall be considered definitely concluded.
- The user can pay through the MANGOPAY platform, accepting the terms and conditions published here: https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_EN.pdf
9. Termination Clause
The user peacefully accepts that any non-fulfillment of his obligations set out in sections 1-8 of this document will cause automatic termination of the contract, thus allowing BeCrowdy to suspend the service provided. BeCrowdy further reserves the right to take action against the user for compensation of additional damages.
10. Withdrawal of a project by the designer
A project creator, before his campaign reaches the budget, can withdraw from BeCrowdy or cancel his project, with a 30-day notice via email to info@becrowdy.com, explaining precisely the reasons and justifications that led the user to abandon the crowdfunding campaign.
Once the budget is reached, withdrawal is not allowed. If the condition in which the project creator finds himself is so serious that he cannot achieve the objective for which the campaign had been initiated and successfully concluded, after consultation and evaluation with BeCrowdy, the project creator will personally refund the backers of the amounts they had donated and will address the situation with the utmost good faith and cooperation, consistent with the principles and interests of BeCrowdy and the users involved.
11. Jurisdiction
The conditions of service (and any further rules, policies or guidelines incorporated herein) shall be governed by the laws of the Italian State, without giving effect to any principles of conflicts of law. The user agrees that for any legal action and/or controversies that may arise or result from the application of this agreement, the jurisdiction for the territory is solely that of the Court of Parma.
12. Approval of clauses pursuant to art. 1341 and 1342 of the Civil Code (so-called unfair terms)
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the following clauses are expressly approved, after carefully reading the contents:
- payment and non-payment
- obligations, prohibitions and responsibility of the user
- limitation of liability of force majeure, catastrophic events and fortuitous cases
- termination clause
- court of jurisdiction