1. LEGAL TERMS AND DEFINITIONS
The STARS4ALL Crowdfunding Platform is an online platform for people and companies seeking to raise funds for Campaigns (“Project Owners”), and for people and companies seeking to contribute to the Campaigns of Project Owners (“Backers”). Project Owners might offer gifts in the form of tangible, or intangible, goods and services to Backers ("Rewards"), or they might only choose to receive donations from Backers.
Creators Campaigns are started by Project Owners, who seek funds via crowdfunding. As a Project Owner, you are permitted to offer tangible and intangible Rewards to Backers.
Backers are those people, organizations, or companies who contribute to Campaigns via crowdfunding ("Backers").
Contributions are funds that are contributed by Backers to Campaigns via crowdfunding. Usually, a Reward is proposed by the Project Owner to the backer, in exchange, for a contribution (“Contributions”).
Campaigns are the fundraising campaigns that seek contributions from Backers (“Campaigns”).
Users are all persons or companies that make use of the Platform (“Users”).
If you are acting on behalf of a legal entity, you warrant that you have the right to enter into agreements on behalf of such legal entity. You are not eligible to use the service without consent if you are under 18 years of age.
If you are between the ages of 13 and 17, you confirm that you have the consent of your parent or legal guardian such that you are legally able to agree to be bound by the Terms.
If you are under 13 years of age, you may not use, or access, this website at any time or in any manner. You are not eligible to use the Service if you have previously been suspended from using the Service (as a Project Holder or as Backer) for any reason, until such time as a formal approval is granted to resume using the Service. We reserve (at any time, for any reason, without liability) the right to refuse use of the Stars4All Crowdfunding Platform and to stop, cancel, pause, or delete any Campaign.
Members / Registration Members are users that create a profile on the STARS4ALL Crowdfunding Platform via the registration of an account (“Members”). Some parts of the website will only be accessible to Members. You can access your account by entering your username and password into the login fields on the homepage. It is your sole responsibility to keep your registration data secure. You agree to notify the STARS4ALL Team immediately if your account has been compromised. We reserve the right to terminate your account at any time due to breach of any portion of these Terms. In the case of non-compliance with the Terms, or any other applicable policy and regulation, your accounts and/or Campaigns may be temporarily or permanently stopped, immediately and without notice, and without any liability.
Community guidelines. Our Users, Members, Project Owners, and Backers are bound by the community guidelines. We reserve the right to remove Campaigns and terminate accounts in case of non-compliance with the community guidelines, as described herein below:
You are at all times truthful and transparent. The community is intended to be used for the helpful exchange of information between members. Incorrect, inaccurate, or misleading information should not be communicated. Please refrain from misrepresenting yours or others personal identity and qualifications at any time, as well as your business qualifications;
You will not be harmful, abusive, racially or ethically offensive, sexually explicit, defamatory, infringe upon any intellectual property right or invasive of personal privacy rights;
It is your sole choice to decide whether or not to share personal information about yourself or your business. Any post or reply that includes another user's postal or email addresses, phone numbers, or other contact information can be removed at any time.
The community should, at all times, maintain the intellectual property rights of others, by only submitting content or information that was personally written or produced, or duly attributed.
Never spam other Users with offers of your Campaigns, goods and services, or any other inappropriate messages;
Never promote violence or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
Rewards are the tangible, and intangible, goods and services that Project Owners propose in their crowdfunding campaigns. Project Owners are not permitted to offer or provide any of the following as a Reward:
Drugs, drug paraphernalia, or any other controlled substance;
Weapons, ammunition, weapon accessories;
Goods and services that would cause infringement of any kind of a person’s or company’s rights or integrity;
Items promoting hatred, personal injury, violence, damages, or any other goods and services that do not comply with these Terms and all other applicable regulations and policies.
You warrant that your content contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse, or drug abuse); unlawful, obscene, defamatory or libellous material; images of sexually explicit content.
The STARS4ALL team reserves the right to report any violation of these provisions to any and all applicable legal authorities, and you may be held personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
2. TERMS AND CONDITIONS RELATED TO CROWDFUNDING FOR REWARDS
The STARS4ALL Crowdfunding Platform is an online platform for people and companies seeking to raise funds for Campaigns (“Project Owners”) and for people and companies seeking to contribute to the Campaigns of Project Owner (“Backers”).
Crowdfunding for Rewards
Crowdfunding for Rewards implies that Project Owners can offer gifts in the form of tangible, or intangible, goods and services to Backers ("Rewards"). Objective and timing Each Campaign will be compliant with the Terms, policies, and principles of the Platform. The objective of the Campaign cannot be changed during the fundraising period. The time period during which the Reward-based or Donation-Based Campaign is active is predetermined at the creation of the Campaign. The time period cannot be changed during the Campaign. In the event that a Campaign does not achieve its objective, all Backers that have contributed to a Campaign will be reimbursed.
A contributor must meet all commitments made in the Campaign, such as the production, quality, and delivery of all Rewards you proposed. A Project Owner always responds promptly and truthfully to all questions posed to you by Backers, the STARS4ALL Team, or other involved parties. If you are unable to fulfil any of your commitments, you will work with the Backers to reach a mutually satisfactory resolution. It is the sole responsibility of a Backer to ask questions and verify the information proposed by Project Owners or Campaigns. Any contribution to a Campaign is done at the sole discretion of the Backer. The Stars4All Team does not guarantee that funds will be used as promised by Project Owners of Campaigns, nor that Project Owners will deliver Rewards as proposed.
3. PAYMENTS AND FEES
Setting up an account on the Service website is free. STARS4ALL does not charge fees to Contributors. At present, the Crowdfunding Fee is between 1.70% and 2.90 % percent of the total amount raised through Reward-based Crowdfunding. The Fee concerns solely commissions due to payment solution providers for the use of a payment solution system such as credit cards, bank transfer, or any other. To clarify and prevent any doubt, the amount raised shall mean the amount stated on the Platform at the time of closure of the Reward or Donation-based Campaign.
Changes to fees are effective after we post a notice of the changes on the Service website. Updated fees will be applied to any and all Campaigns launched after the notice is posted.
Contributions are usually made via credit card, bank transfer, or other third party payment solutions. We are not responsible for the performance of any third party credit card or payment processing services. Project Owners and Backers are the sole responsible parties responsible for the correct and complete insertion of bank and credit card information into the payment solutions. Project Owners are responsible for the accuracy of their Personal information, Project information, Bank identification numbers (BIC / SWIFT) and credit card information they provide. All dealings are solely between Users.
We want to iterate again that there is inherent risk involved with all projects. A Reward-based Crowdfunding Campaign may be lost, may never be realized, or may produce tangible, or intangible, goods and services that do not conform to communicated Reward descriptions. Project Owners may initiate refunds at their own discretion. The STARS4SALL Team is not responsible for issuing refunds for Campaigns that have been raised. Project Owners may initiate refunds at their own discretion.
Third party payment solutions
4. LIMITATIONS OF LIABILITY
The STARS4ALL Team makes no representations about the quality, integrity, legality, security, morality or validity of any Campaign, Reward, Backer, or Project Owner. The STARS4ALL Team cannot guarantee the correctness of the content or comments posted on the website. The STARS4ALL Team does not represent any Campaign or Reward nor does the STARS4ALL Team represent that a Project Owner will deliver Rewards as proposed, or that the funds will be used as described in the Campaign, as this is the sole responsibility of the Project Owner who sets up the Campaign.
The STARS4ALL Team does not grant any warranties, express or implied or otherwise, as to the accessibility, quality, suitability, or accuracy of the Platform. There are situations when the Services will not be accessible, including, but not limited to necessary maintenance, and circumstances outside the control of the STARS4ALL Team such as net access failure, for which the STARS4ALL Team shall never be liable. All investments are made by agreement between the Project Owner (having submitted a Reward-based Campaign) and the Backer. All information displayed on the Platform is displayed by the Project Owner. The STARS4ALL Team does not, at any time, provide any financial advice to Campaigns, Project Owners, or backers, and shall therefore not be liable for the actions, truthfulness, result, or legality of any Campaign.
You agree that this Agreement shall be governed by the laws of Belgium. Any dispute or claim that arises from this Agreement, the Terms, and any non-contractual obligation arising out of, or in connection with it, shall be governed by, construed, and interpreted in accordance with Belgian laws without regard to its conflict with laws of any other country. Any claim or dispute between you and Stars4All Team will be decided exclusively by a court of competent jurisdiction located in Brussels, Belgium.
Entire agreement / Severability
These Terms are the entire agreement between you and the STARS4ALL Team regarding its subject matter. If any provision of these Terms, or other policies and guidelines, 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. Stars4All Team’s failure to assert any right, or provision under this Agreement, shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the STARS4LL Team, and it supersedes all prior or later communications and proposals, irrespective of whether they are communicated via electronic mail, or any other written or oral communication.
The STARS4ALL Team may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notices on our website. You can opt out of certain means of notification. No Warranty The STARS4ALL Team has no fiduciary duty to you. The Service is provided without any warranties, including implied warranties of merchantability or fitness for a particular purpose, non-infringement, or course of performance.
Changes to Terms
You agree to comply with all laws, restrictions, and regulations relating to the export of products and information.
You are aware that the STARS4ALL Team does not offer any financial advice or any other advice on Campaigns, Project Owners, or any other involved party. You are solely liable for the use of the Service and any decision to contribute to a Campaign.
Limitations of Liability
The limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict, liability, or any other basis, and even if the STARS4ALL Team has been advised of the possibility of such damage.
If you have any questions about these Terms, the practices of this site, your dealings with this Website, or have a complaint to file; please contact us at email@example.com, or at Rue Montoyer 51/7, 1000 Bruxelles, Belgium.
This Agreement, and any rights, obligations, and licenses granted under this Agreement, cannot be transferred or assigned by you without the STARS4ALL Team prior written consent. The STARS4ALL Team may assign its rights and/or obligations under this Agreement without your prior consent.
Compliance intellectual property
If you believe that your copyrighted works have been copied in such a way that it constitutes copyright infringement, or that any content infringes upon your intellectual property rights, and is accessible via the Service or in connection with our promotion of the Service, please notify the Stars4All Team via firstname.lastname@example.org or via Rue Montoyer 51/7, 1000 Bruxelles, Belgium. You agree to respect at all times all intellectual property rights, including but not limited to copyright, trademarks, and trade names (whether registered or not) contained or displayed on the Website or which you gain access to in connection with the Service. When submitting a Campaign to the Platform, you may upload content, videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, and any other information to the Service. Ownership of all Content and information shall stay with You or the third party having ownership to such content. You hereby grant the Stars4All Team a worldwide, non-exclusive, royalty-free and sub-licensable right to host, publish, distribute, stream, transmit, playback, transcode, copy, feature, display and otherwise use the User Content to perform the Service. You warrant that You have all necessary rights to display and upload the User Content, and in all other ways use the User Content, to provide the Stars4All Team with the above license to the User Content. Should any User Content infringe upon the intellectual property rights of a third party, you agree to immediately remove all infringing portions of the User Content and indemnify the Stars4All Team of all damages, costs, and expenses incurred, as a result, of such infringement. Should the Stars4All team be made aware or suspect that the User Content infringes any third party's intellectual property rights, Stars4All will have the right to remove from the Platform all such User Content.
The STARS4ALL Team does not own your content. By making your content accessible to other users (as individuals and/or as a group), you agree to allow any user of the Website - free of charge and for personal use only - to view and transmit your content on or through the Website and any other electronic communication media or technology, now known or later developed, for the entire period in which your content is hosted on the Platform. Please note that due to the nature of the Internet and digital media, data transmitted – including your content – cannot be protected against the risks of misappropriation and/or piracy, for which the Stars4All Team shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.
5. PRIVACY CLAUSE
In such cases, the Visitor must provide certain personal data (such as the User's email address, ‘Data’), or the Platform owner needs to collect certain electronic data from the Visitor (such as the User's IP address). This could be the case, for example, if a User wishes to register or log onto the Website, and wishes to see restricted information or would like to contact the Website owner. If required personal data is not provided, no access will be granted to the visitor to any and all relevant sections of the Platform nor will access be granted to the relevant activity. The Platform owner undertakes to comply with the Act of 8 December 1992 for the protection of privacy in relation to the processing of personal data as amended by the Act of 11 December 1998 ("Privacy Act") and with the Act of 11 March 2003, on certain legal aspects of information society services ("The e-Commerce Act"). When a User enters personal data on the website, he/she gives permission to the Stars4All Team, the website owner, to process this information for the purposes set out below. If the personal data is with regards to any person other than the User in question, the User warrants that he/she is entitled to grant such permission in the name of that other person.
The personal data supplied by the User is processed, as appropriate, for the following purposes:
To provide the User access to all relevant portions of the Website or to allow him/her the use thereof;
To enable the User to make payments online for funding purposes, the delivery of the requested product, or the requested information, service or activity, to reply to any message received by the User or any other communications related to the Website.
The implementation of the agreement between the Website owner and the User, for statistical analyses and or keeping the User informed of initiatives and activities of STARS4ALL or of business partners and organizations to which the personal data may be transferred (direct marketing).
The personal data may only be disclosed to business partners and organizations with which the Stars4All Team or an entity of the Platform owner's group cooperates, or in the case of a legal obligation or request from the police or judicial authorities. When funding a project, the Project Owner of the crowdfunding campaign will know the account name (as displayed on the funders page on the public profile of the campaign), the reward that was selected and the exact amount that this represents. No other information will be shared. Only when a project is completely funded, the campaign creator will receive your email address or delivery address, if this is required for the fulfilment of the reward. If a campaign is not successful, your email address and home delivery address will not be disclosed to the creator of the campaign. The User may exercise his legal right of access, rectification, and opposition to the use of direct marketing free of charge by sending a written, signed and dated request, along with a copy of both sides of his ID card, addressed by ordinary post to:
European Crowdfunding Network AISBL Rue Montoyer 51/7 1000 Bruxelles Belgium
Or by email, using the following subject line “STARS4ALL: legal right of access, rectification, and opposition to the use of direct marketing” to email@example.com In the case of an electronic identity card, a printout of the contents of the chip or an official certificate of residence is required.