HK BACKERPLANET LTD TERMS AND CONDITIONS
TERMS OF SERVICE
The following terms of service (these “Terms of Service”), govern your access to and use of HK BACKERPLANET LIMITED services, including any content, functionality and services offered on or through www.backerplanet.com (the “Site or website”)
These Terms of Service shall be applicable and binding to all Users and shall be specific to include;
- Terms of Service for Creators
- Terms of Service for Backers
- The term “Backerplanet” refers to HK Backerplanet Limited (herein also referred to as “us” or “we” or “our”) . which operates the https://www.Backerplanet.com website (the “Service”).
- “Backer” means any User that is an account holder on a crowdfunding website (e.g. Kickstarter® or Indiegogo®) and/or the Website, and who brought a Pledge to at least one Project;
- “Creator” means the creator of a Project;
- “Users” means any creator and backer;
- “Pledge” means the total amount of money received by the Creator through a crowdfunding campaign, in order to fund one or more Projects;
- “Reward” means any product that is suggested by the Creator to its Backers in exchange of their Pledge to the Project;
Use of these definitions may be in the singular and plural form (if applies).
2. ACCEPTANCE OF TERMS
In these Terms, “you” and ““your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to BACKERPLANET. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
3. USAGE/ ELIGIBILITY
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify BACKERPLANET for any losses, costs or damages, including reasonable legal fees, incurred by BACKERPLANET in relation to, or arising out of, such a breach. The legal age for use of the services shall be 18 years and above. Persons below the age of 18 years can use the services provided the service is used under the supervision of a parent and/or guardian and this terms and conditions has been read to them. BACKERPLANET reserves the right to terminate any use of the service that doesn’t comply with usage requirement. We will also not be liable to you for any damage that might arise from person’s less than 18 who is found to use the services.
4. ABOUT BACKERPLANET SERVICES
Our website’ purpose is to perform the operations of a pledge manager for the Projects available on the Website. It is an instrument that allows the Creator to manage the logistics, such as delivery and shipping of rewards, following crowdfunding campaign organized by the Creator through crowdfunding platforms like GoFundMe® or Kickstarter®.
Our Website allows the Backer to control and supervise the Pledge brought for the Reward created by the Creator, as a subject of the crowdfunding campaign conducted on other platforms like Kickstarter® or Indiegogo®.
5. TERMS OF SERVICE FOR CREATORS
BACKERPLANET provides services to the Creators in accordance with the scope and conditions set out in the Terms of Service as follows:
Creating an Account. To use and enjoy the services we provide, we require you to register an account with us. Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
Provide software services. including but not limited to providing：
- specialized instruments to import and design a project,
- specialized instruments and devices for sending emails to Project Backers to affirm or enhance levels
- specialized instruments permitting the Creator to publish information about the Project and its Rewards to be viewed by backers;
- specialized instruments offering a Project Backer opportunity to buy additional items;
- specialized instruments permitting the Creator to prescribe rules for assessing delivery costs and delivery methods for orders placed by the Backers in the Project;
- specialized instruments permitting the Creator to prescribe payment methods to be viewed by the Backers at the time of placing an order in the Project; BACKERPLANET will only offer the Creator technical possibility to carry the payment forms within the Project – implementation and transfer of payments are being operated by the Creator;
- Specialized instruments for the Creator to collect information regarding orders placed in the Project by the Backers;
- assessment of the project submitted to us for approval prior to publishing it and making it available on our website;
- We claim all authority to dismiss any project submitted to us, with or without reason and for any reason. It is your obligation regarding any guarantees identified with any of your projects. We are not liable for any errors in your project. We maintain whatever authority is needed to distribute and display high-level statistical information of any of your projects in showcasing materials and blog entries, show projects and extra supports brought up in promoting materials, and show anonymized information on any of your Project Backers.
Creator’s Duties. By using the Website, the Creator warrants to:
- not use the Website in any in any unlawful manner that may adversely compromise the safety and security of the Website, the Backers and other Creators.
- not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.
- abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- not use or attempt to use another user’s account without authorization from such user and BACKERPLANET.
- not use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- not do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- not access any feature or area of the Sites that you are not authorized to access.
- not use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
- Users of the platform will not obtain other User’s information on false pretenses. All information obtained from users must be used unlawfully or maliciously. All Users are obliged to comply with all applicable laws and regulations in connection with their Projects, including offering Rewards and using Pledges.
- not make any false or misleading statements in connection with their Projects.
Creator shall bound by the terms and conditions as provided below:
6. TERMS OF SERVICE FOR BACKERS.
BACKERPLANET provides services to the Backers in accordance with the following terms:
Creating an Account. To complete the registration process, the Backer shall supply us with accurate email address. You will be required to create and profile a Backer user account. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use.
Services. By using our services on our website, you accept that we are not liable for any rewards or products expected, and such rewards or products expected shall be delivered to you by the Project Creator in connection with a project backed by you on a crowdfunding platform, such as BACKERPLANET® or GoFundMe®, or through a new project posted by a Project Creator on our website.
Payments made through the BACKERPLANET platform are directly deposited into the respective Creator’s account. You will be required to pursue all payment reimbursement with the Creator. Each Creator shall be responsible for their own policies regarding reimbursement of any payment received by the Creators. BACKERPLANET shall not bear any responsibility or liability of reimbursement of payment.
Backer’s Duties. By using the Website, the Backers warrants to:
- keep their account password confidential at all times.
- Bear sole responsibility for the usage of the account.
- Not provide any illegal content that will hinder easy usage of the service provided on the website.
- Pledges are made voluntarily and shall be at the sole risk and discretion of the backer. Therefore, we make no assertions whatsoever about pledges made on our platform when using the service, we provide to our users.
- We make no representation, warranties and/or guarantee about the quality and safety of any project or reward.
- It is the Backers responsibility to determine how to treat pledges, receipt of rewards and to comply with regulatory tax requirements.
7. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. BACKERPLANET hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. BACKERPLANET shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
8. INTELLECTUAL PROPERTY
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
DMCA Copyright Notice.
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part (ii) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner;
- The Rights Holder’s signature or electronic signature.
BACKERPLANET will not tolerate any infringement of intellectual property rights on our platform. You will respect all intellectual property rights and obtain proper permission prior to use of the intellectual property. Any notice served pursuant to Digital Millennium Copyright Act shall be responded to in a timely manner.
If your intellectual property rights have been infringed on the BACKERPLANET Platform, please submit your complaint to email@example.com. A hard copy of the complaint may be submitted to:
HK BACKERPLANET, LIMITED., (AKA Backerplanet)
719 7/F LUCKY CENTRE NO 165-171 WAN CHAI ROAD
9. YOUR REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
10. USER LICENSES
You may access and use the Site and Services only in accordance with any instruction manuals, user guides and other documentation as made available by BACKERPLANET from time to time (“Documentation”).
This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- attempt to decompile or reverse engineer any software contained on BACKERPLANET website;
- remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by BACKERPLANET at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Each party may assign their rights and obligations under this agreement. We reserve the right to freely assign and/or transfer rights and obligations under this agreement to a third-party without prior consent from you. You must obtain prior consent before assigning your rights and obligations under the terms to a third-party. Subject to the provisions above, these terms and conditions shall be binding on the Parties, their respective successors and assigns.
12 LIMITATION OF LIABILITY
To the extent permitted under applicable law, under no circumstances shall we, our officers, directors, employees, parents, affiliates, successors, assigns, or licensors be liable to you or any other third party for any indirect, special, incidental, or consequential, exemplary or punitive damages of any type including, without limitation, damages for loss of goodwill, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations or costs of procurement of substitute goods or services, damages arising in connection with any use of the website or any and all other commercial damages or losses, arising out of or in connection with these terms. Notwithstanding anything to the contrary contained herein, in no event shall our total liability (including our officers, directors, employees, parents, and affiliates) for any claim arising out of or related to these terms, to the fullest extent possible under applicable law, exceed the amount paid if any, by you for the use of the services.
13. COMPLAINT PROCEDURE
We have designed our platform to be seamless and easily accessible. Should you have any complaint when using the platform, feel free to contact us at – firstname.lastname@example.org. We will attend to your query immediately – no longer than 5 business days from the day we receive it.
14. INDEPENDENT PARTY
BACKERPLANET is and independent party. We have not and will not be a party to any agreement entered into between the Creator and the Backor. You will not hold us responsible/liable for any breach that occurs under such an agreement.
15. REWARDS WARRANTY
We will not be held responsible for any defects in the Reward. All rewards are issued in accordance with the term and conditions established by the Creator. Any claim for defects in Rewards should be communicated directly to the Creators.
Payments made through use of our platform are between the backer, project creator and the third-party provider that processes your payments. We are not involved in the transaction from when payment is made, to when the payment is received. Any demands for refunds arising from such payments shall be directed to the project creator.
17. DELETING THE ACCOUNT
Users have the option to delete their account by contacting us to delete the account. TAKE NOTICE that the act of deleting your account amounts to termination of this here agreement and BACKERPLANET shall immediately cease to be responsible for performance of its duties and obligation.
BACKERPLANET, without prejudice to any other rights we may have, may terminate these Terms and the license granted to you hereunder automatically without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to the site or services or to any feature available therein.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BACKERPLANET, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “BACKERPLANET Parties”), from and against all actual or alleged BACKERPLANET Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify BACKERPLANET of any third-party Claims and cooperate with the BACKERPLANET Parties in defending such Claims. You further agree that the BACKERPLANET Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BACKERPLANET.
19. PROHIBITED USES
You may not access or use the Site for any purpose other than that for which we make the available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use content without proper attribution.
- Use content in a fashion that does not comply with the content’s specific licensing.
Your access to and use of the services and content provided on www.backerplanet.com are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (BACKERPLANET ENTITIES are BACKERPLANET founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.
BACKERPLANET make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from BACKERPLANET or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the BACKERPLANET is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BACKERPLANET of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
BACKERPLANET shall operate in compliance with the CAN-SPAM Act of 2003 and shall provide an option for Project Backers to discontinue further email communication. In light of the above, BACKERPLANET shall apply reasonable efforts to contact Project Backers but there is no guarantee we can always reach them.
No Provision of professional or expert advice.
Use of the Platform shall be at your own risk. BACKERPLANET is not, and does not suggest directly or indirectly, to be qualified to provide professional, legal, tax, accounting or financial advice, and the information provided to you by RITA CONSULTING LLC is not intended as such.
If BACKERPLANET decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
BACKERPLANET is an independent entity and has no affiliation with Project Creators, Backers, Users, or any third – party other than provision of services in the Website, and therefore has no underlying interests in any of the Projects.
BACKERPLANET declares it is not involved and has no intention to be involved in any legal disputes arising between Project Creators, Backers, Users, or any third – party. In the event of a dispute arising from breach of these Terms by the Project Creator, BACKERPLANET will not support or oppose either party to the dispute, and BACKERPLANET shall have the right to disclose the Project Creator’s contact information to the disputing parties.
In the event of a dispute, BACKERPLANET will not act as an intermediary between the disputing parties.
23. GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of www.backerplanet.com is hereby governed by, and constructed and enforced in accordance with the laws of Hong Kong. The competent courts in Hong Kong shall have the exclusive jurisdiction to resolve any dispute between you and BACKERPLANET.
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