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.
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.
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.
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.
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:
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.
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.
The user acknowledges and agrees that BeCrowdy has no responsibility and/or control of:
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.
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.
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.
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.
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:
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.
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.
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 firstname.lastname@example.org, 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.
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.
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: