Effective August 1, 2014: These Terms & Conditions govern your use of TravelStarter's websites and services (the "Service"). By using the Service, you agree to be bound by these Terms & Conditions, all applicable laws and all conditions or policies referenced here (collectively, the "Terms").
In these Terms, we refer to those seeking to raise funds as "Project Owners" and to their fundraising projects as "Projects". We refer to those contributing funds as "Funders" and to the funds they contribute as "Contributions". Project Owners, Funders and other visitors to the Service are referred to collectively as "Users."
TravelStarter is an online crowdfunding platform for people and entities seeking to raise funds for their own Projects and to contribute to the Projects of others. Project Owners can offer gifts in the form of tangible items or intangible services (collectively, "Rewards") to Funders. Rewards are not offered for sale. TravelStarter makes no representations about the quality, safety, morality or legality of any Project, Reward or Contribution or the truth or accuracy of content posted on the website. TravelStarter does not represent that Project Owners will deliver Rewards or that Contributions will be used as described in the Project. Users use the Service at their own risk.
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 can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Project at any time for any reason without liability.
Project Owners are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your Project is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Project, offering Rewards and using Contributions. Projects must also comply with the Travel Starter project guidelines.
Project Owners are not permitted to offer or provide any of the following as a Reward:
TravelStarter is not a place for hatred, abuse, disrespect, meanness, harassment, or spam. Do not:
We reserve the right to remove Projects and terminate accounts for such activities.
TravelStarter is not responsible for resolving disputes between Project Owners and Funders. In the event of any dispute, such as a Project Owner's alleged failure to comply with the Terms & Conditions or alleged failure in fulfillment of a Reward, we may provide the Project Owner's contact information to the Funder so that the two parties may resolve their dispute.
All of your registration information must be accurate and truthful. You agree to notify TravelStarter immediately if you discover that your account has been used without your authorization or there has been any other breach of your account's security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.
As a Project Owner, you are permitted to offer Rewards to Funders. You shall meet all commitments you make in your Project including, but not limited to, delivering all Rewards you offered with your Project. You will respond promptly and truthfully to all questions posed to you by TravelStarter. If you are unable to fulfill any of your commitments (including delivering any Rewards), you will work with the Funders to reach a mutually satisfactory resolution, which may include refunding their Contributions. You will comply with all applicable laws and regulations in your use of Contributions and delivery of Rewards. You are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Rewards. TravelStarter may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
As a Funder, you are solely responsible for asking questions and investigating Projects to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. TravelStarter doesn't guarantee that Contributions will be used as promised, that Project Owners will deliver Rewards, or that the Project will achieve its goals. TravelStarter does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Reward or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution and receipt of any Reward for tax purposes. In the event you are issued a refund on your Contribution because of our inability to disburse funds to a Project Owner, you will no longer be entitled to delivery of any Reward associated with your contribution.
Setting up an account on the Service is free. We do not charge fees to Funders, but we do charge fees to Project Owners as a portion of the funds they raise. By using the Service you agree to our fees listed here http://www.travelstarter.com/info/pricing. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Projects launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Contributions are made only via PayPal. We are not responsible for the performance of PayPal processing services. By funding a Project via PayPal you agree to accept all Legal Agreements for PayPal services and other terms that might apply. Legal Agreements for PayPal services are available here: https://www.paypal.com/si/webapps/mpp/ua/legalhub-full. TravelStarter is not responsible for changes of before-mentioned Legal Agreements for PayPal services by PayPal or providing Users with up to date information about PayPal services.
Contributions, along with our fees and charges, are not refundable.
Your taxing authorities may classify funds you raise on TravelStarter as taxable income to you and any beneficiary who will receive funds directly from your Project. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Project so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Project so that you understand and prepare for the tax obligations you may incur from the funds you raise.
You may create a "Sponsor Page" on TravelStarter's website to link your brand with one or more Projects. If you create a Sponsor Page, you also agree to the Partner Terms.
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). You grant TravelStarter and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content on or in connection with the Service and our related marketing and promotional activities. As between you and TravelStarter, you continue to hold all ownership interest in your User Content. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
The intellectual property rights in all software and content, including databases made available to you on or through this website remains the property of TravelStarter, Inc. or its licensors and are protected by copyright laws and treaties around the world. TravelStarter, Inc. and its licensors reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, make available or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by TravelStarter, Inc. or its licensors. TravelStarter is a trademark belonging to TravelStarter, Inc. No license or consent is granted to you to use this mark in any way, and you agree not to use this mark or any marks, which are confusingly similar without the written permission of TravelStarter, Inc.
Except where expressly stated to the contrary all persons (including their images), third party trademarks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with TravelStarter, Inc. and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trademark owners. Where a trademark is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to TravelStarter, Inc.
We respect the intellectual property of others. If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, please contact us on this e-mail: email@example.com and we will immediately deal with your complaint. Please, see also section about DMCA Notice and Complaint Procedure.
You agree to defend, indemnify and hold harmless TravelStarter, 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 your negligence, breach of these Terms or violation of any law. TravelStarter may assume the exclusive defense and control of any matter for which you have agreed to indemnify TravelStarter and you agree to assist and cooperate with TravelStarter in the defense or settlement of any such matters.
TravelStarter has no fiduciary duty to you. THE SERVICE IS 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 SERVICE IS AT YOUR OWN RISK.
TRAVELSTARTER (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 YOU PAID TO TRAVELSTARTER 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 TRAVELSTARTER 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 us to limit our liability: Notwithstanding any provision of these terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our 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.
These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TravelStarter without restriction.
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. The provisions regarding use of website and Services at your own risk, Right to Refuse Service, DMCA, Indemnity, No Warranty, Waiver and Release, Limitation of Liability and General survive termination for any reason.
You agree that: (i) the Service shall be deemed solely based in Delaware (where TravelStarter, Inc. is registered); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over TravelStarter, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and TravelStarter that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the State of Delaware. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals ("SDN") listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Project is deemed to be in violation of Export Laws.
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree TravelStarter may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
You agree to subscribe to the TravelStarter Newsletter. In case you wish to unsubscribe you are welcome to do so by clicking. 'Unsubscribe' on any newsletter that was sent to you. TravelStarter does not share, sell or use the email list gathered through newletter subscription for any other purpose other than sending out vital communication to TravelStarter platfrom users.
These Terms are the entire agreement between you and TravelStarter 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. TravelStarter's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
TravelStarter may alter these Terms at any time, so please review the policies frequently. If a material change is made, TravelStarter may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A "material change" will be determined at TravelStarter's sole discretion, in good faith, and using common sense and reasonable judgment.
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at firstname.lastname@example.org.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") or that any Member Content infringes your intellectual property rights and is accessible via the Service or in connection with our promotion of the Service, please notify TravelStarter's Legal Department at email@example.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For your complaint to be valid, you must provide the following information in writing ("Notice of Infringement"):
The above information must be submitted to our DMCA Agent ("Designated Agent") by email to the following address: firstname.lastname@example.org.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:
Upon receipt of the Counter-Notice by the Designated Agent, a copy of the Counter-Notice may be sent to the complainant informing the complainant that TravelStarter, at its discretion, may replace the removed material or cease disabling it in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless the Designated Agent receives written notice from the complainant that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your unauthorized use of the material on the Service.
If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the complainant are encouraged to work to an amicable resolution.
In accordance with the DMCA and other applicable laws, TravelStarter has adopted a policy of terminating, in appropriate circumstances and at TravelStarter's sole discretion, repeat infringers.