Section A: Introduction and preliminary terms
www.sponsorise.me and the services provided through it and/or the Website are operated and owned by SPONSORISE ME (“we
” or “our
” a company registered at 1-3 Boulevard Richard Lenoir, 75001, Paris, France with company number 519 499 677.
For further information about us and our contact details see clause 9 of Section D below.
We provide a platform for individuals and organizations registered at www.sponsorise.me to raise funds for Sports Projects. The Platform allows Sportspersons to gather Sponsors and provide Rewards.
In order to allow you to navigate these terms and conditions the following definitions apply :
means the remuneration due and owed to SPONSORISE ME, taken from the Contributions collected by the Sportsperson in exchange for the intermediary service provided ;
means the monetary value that the Sponsor pays to finance a Project proposed on the Platform and “Contribute” shall be construed accordingly ;
means any Project where the Finance Target has been reached or exceeded at the end of the Fundraising Period ;
means the total amount of Contributions sought by the Sportsperson to carry out the Project ;
means, for each Project, the period during which Sponsors can contribute to the Project ;
means the credit and debit card payment platform provided by our Partner, Leetchi Corp, a limited liability company registered in Luxemburg with company number B173459 ;
means any brand that is associated with the SPONSORISE ME Platform to support and/or promote certain Projects ;
means the functional and organizational structure implemented by SPONSORISE ME to establish contact between Sportspersons, Sponsors and Partners ;
means any project proposed on the Platform by a Sportsperson ;
means a web page created specifically for the Project containing all the relevant information to receive Contributions ;
means, as appropriate, any rewards offered by a Sportsperson or Partner to a Sponsor, in exchange for their Contribution to the Project. The Rewards linked to a Project will be defined on a case by case basis on the Project Page, solely at the discretion of the Sportsperson or relevant Partner associated with the Project ;
means all paid or free services offered on the Platform by SPONSORISE ME ;
means any individual or legal entity wishing to contribute to one or more Project(s) published on the Platform ;
means the company that owns and administers the Website and Platform ;
means any individual or legal entity (including, without limitation, sports club or association) creating one or more Projects, that is looking for one or more Sponsors to support their Projects financially, and that registers on the Website to do so ;
means any initiative directly and/or indirectly linked to sport promoted by a Sportsperson and published on the Platform ;
means value added, sales, services, income or any other relevant taxation collected in the User’s jurisdiction ;
means any person that uses the Website including, including, without limitation, Sponsors and Sportspersons; and
means value added tax.
means the internet site found at www.sponsorise.me
Please read these Terms carefully before you use the Website, as they will govern your use of the Website and the Platform together with Rewards that are offered by Sportspersons, the Contributions and content you post as a User. We recommend that you print or save a copy of these Terms for future reference.
By using, registering, and/or otherwise accessing the Website you hereby acknowledge that you have read, understood, and are agreeing to be bound by these Terms. If you are using the Website or Platform in connection with your organization, the terms 'you', 'your' or 'your organization' in these Terms shall also refer to the business, charity institution or other organization or entity (“Business”) on whose behalf you are acting when using, registering, backing or creating a Project on the Platform. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to the Website or interact with any Users.
If you have any queries or concerns regarding these Terms, please contact us using the details in clause 9 of Section D below. Failure to submit any questions will serves as a presumption that you have read, completely understood, and accepted all of the Terms contained herein.
1.8 If you do not agree to these Terms, or wish to be bound by any of the provisions contained herein, then you may not register for an account on the Website, or access or use the Services contained therein. Should you be dissatisfied with the Website, or its Services, your sole remedy shall be to discontinue accessing and/or using the Website and its Services.
1.9 We reserve the right at all times to discontinue or change any part of these Terms, at any time, without prior notice to you, in our sole discretion. If we make any material changes that affect your use of the Website or our Services, we will provide with you notice thereof by either notifying you on the Website or by sending you an email. Any changes to these Terms will be effective upon our providing of notice; provided that no changes shall apply to any Project or Sports Project established prior to the effective date of such changes. If you do not agree to the changes, you must discontinue use of your account and any use of the Website and/or Services offered through the Website after the effective date of the changes. We suggest you revisit our Terms – found at https://us.sponsorise.me/en/terms-of-use – regularly in order to ensure you stay informed of ay changes. You agree that posting and/or emailing notice of any changes on the aforementioned page, or any successor page containing the Terms, is adequate notice to advise you of any such changes, and that your continued use of the Website and/or the Services contained therein constitutes acceptance of any such changes and the Terms as modified.
2. Accessing and using the Website
2.1 Anyone can access the Website. However, to post a Project or be a Sponsor you will need to register as a User by signing up and creating an account. For that purpose, you must be at least 18 years of age, or old enough to form a binding contract based upon the laws of where you live, and there must be no reason why you should not be in contact with any other Users. To create an account, please go to the ‘sign me up’ section found on the sign on button.
2.2 You are not eligible to use the Website if we have temporarily suspended or previously terminated your access to it and we have not expressly authorized you in writing to resume using it.
2.3 We try to make the Website available at all times, but, of course, we cannot guarantee this.
3.3 The Sportsperson in charge of the Project shall have full discretion whether or not to list Rewards on its Project Page for Sponsors to choose from when making Contributions. In the event a Sponsor makes a Contribution despite the fact no Reward is listed, such Sponsor shall not be entitled to receive a Reward, nor shall such Sponsor be entitled to demand a Reward from either the Sportsperson in charge of the Project or SPONSORISE ME.
4. Account registration
4.1 You can sign up and create your account on the Website.
4.2 You must make sure that all the information you provide when you register with us is true, accurate, current and complete.
4.3 If you change any of your registration details (e.g. email address, postal address), you must update your account.
4.4 Your account is for your or your Businesses use only. To help us maintain the security of the Website, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into the Website as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. You agree to indemnify SPONSORISE ME for any loss that may occur due to your breach of this clause 4.4.
4.5 If you become aware of any misuse or unauthorized use of your login details, then you must inform us immediately by sending an email to us.
4.6 In the event that we have reason to believe that you have breached these Terms, we may terminate or suspend your registration and/or access to the Website and/or the Platform without prior notice to you.
4.7 You can request deletion of your account at any time as long as you do not have any active Projects within the Fundraising Period that have not reached the Finance Target. Please email us to request deletion of your account.
4.8 We reserve the right to delete your account and any personal data or other information associated with your account and/or your use of the Website if there is no activity on your account for more than 24 consecutive months.
Section B: Creating Projects, offering Rewards and making Contributions
1. Our role and the Services we provide
1.1. We provide the Platform through which Sportspersons can receive Contributions for their Projects and offer Rewards. By doing so, and providing tips and other guidance we facilitate agreements between Sportspersons and Sponsors for Contributions and Rewards on terms agreed between them.
1.2. Although we may, from time to time, agree to promote and advertise certain Projects or help raise awareness of a Finance Target, we will not be involved in the management or use of Contributions in relation to a Project nor will we directly offer or fulfill Rewards ourselves. In no event shall we be responsible or liable for the providing or fulfillment of any Rewards listed on a Project Page.
1.3. Upon request, we will offer a personalized service to potential Sponsors that wish to be put in touch with certain Sportspersons or provide Contributions and/or Rewards to certain Projects. SPONSORISE ME will coordinate discussions between the parties and negotiate any Contribution and/or Reward. This service will be subject to contract that will govern its terms. For further information, please email firstname.lastname@example.org.
1.4. Contributions will be dealt with in conjunction with third parties whose own terms and conditions may apply in relation to any transaction or attempted transaction, namely:
1.4.1. Mangopay, whose full terms and conditions can be found here. Registration on the Website will include automatic registration with Mangopay.
1.4.2. Stripe USA, whose full terms and conditions can be found on their website. Registration on the Website will include automatic registration with Stripe USA.
1.4.3. Stripe France, whose full terms and conditions can be found on their website. Registration on the Website will include automatic registration with Stripe France.
1.4.4. HiPay, whose full terms and conditions can be found here. Registration on the Website will include automatic registration with HiPay.
Users will be subject to the relevant terms and conditions when making Contributions. Should Users have any queries in relation to Mangopay, PayPal, Stripe USA, Stripe France or HiPay (together the “Payment Partners”) terms and conditions they should contact them directly. SPONSORISE ME plays no rule and has no authority over the terms and conditions put in place by either Mangopay, Paypal, Stripe USA, Stripe France or HiPay.
1.5. We may also offer additional services in the future that may include auctions and ‘last minute’ promotions.
1.6. We also currently have Partners that will offer Contributions, Rewards or other Services to Sportspersons if they fulfill the necessary conditions which can be found here.
1.7. Other than as mentioned above, we do not have any involvement in any arrangements Users make with each other through the Website. We therefore do not accept any responsibility for the nature or quality of a Project’s performance or any Rewards nor do we promise that any User, whether Sportsperson, Sponsor or Partner will do as they promise. The arrangements you make are solely private and the contracts relating to Projects, Contributions and Rewards are made directly between the individual parties concerned. Accordingly, when using the Website, you take full responsibility and completely indemnify SPONSORISE ME for your arrangements with other Users whom you contact, and the nature, terms and extent of your arrangements with and obligations to them. We make no recommendation or representations or warranties (express, implied, or otherwise) in relation to any User or their Projects / Project Page.
2.1 Creating and updating Projects
2.1.1 Once you have registered as a User, you can create and post details of your Project to a publicly accessible webpage on the Website using the Platform.
2.1.2 All Projects posted on the Website must be a Sports Project. Before a Project becomes ‘live’ you will need to provide the following information :
(a) description of the Project;
(b) the Finance Target;
(c) the Fundraising Period; and
(d) any Rewards offered.
Once the information is provided SPONSORISE ME may investigate the viability, feasibility and authenticity of a proposed Project and decide if it will be placed on the Website. SPONSORISE ME retains the right to refuse a Project for any reason in its sole discretion with no right of appeal from the User.
2.1.3 You may not raise funds via another online crowdfunding or similar platform (whether website or mobile app) during the Fundraising Period of your Project and all Contributions from Users must be made via the Website.
2.1.4 Although we recommend you have no more than one active Project at any one time, we permit you to post as many active Projects as you like.
2.1.5 There is no limit on the Finance Target you select for each Project. If you are a Business that is registered for Tax, please take this into account when calculating the Finance Target for your Project.
2.1.6 Once you have submitted your Project details and it has been accepted by SPONSORISE ME you may not modify any of the content other than to correct mistakes.
2.1.7 We reserve the right to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend a Project at any time and for any reason. In particular, Projects or Contributions that are flagged to us as fraudulent by Sponsors, Partners or any other third parties will be rejected, cancelled, removed, or suspended, in our sole discretion, without prior notice to you, and may subject you to termination of your account. If we find fraudulent Contributions have been made to your Project, we may cancel those Contributions and the details of the associated Sponsor from your Project Page. If, in our sole discretion, we determine your Project to be a high fraud risk, we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time, and failure to do so may lead to the suspension or cancellation of your Project. Our payment providers or we may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this clause 2.1.7.
2.1.8 If your Project does not reach its Finance Target by the end of the Fundraising Period all Contributions will lapse and be refunded. However, you may choose to recreate your Project and repost it for submission.
2.2 Offering Rewards
2.2.1 You can choose whether or not to limit the number of Rewards you offer for each Contribution amount.
2.2.2 You must have all the permissions, consents and licenses that are necessary to offer all Rewards relating your Project before you offer them on your Project Page.
2.3 Fees payable by Sportspersons and receiving funds
2.3.1 If your Project reaches or exceeds your Finance Target at the end of its Fundraising Period a Commission of 10% (plus any applicable Taxes) will be deducted by SPONSORISE ME from the Contributions received from Sponsors for your Project before they are distributed to you. SPONSORISE ME will provide an appropriate invoice setting out the Commission and any applicable Tax.
2.3.2 A fee is payable to PayPal which is applied directly by them when a Contribution is being made.
2.3.3 Fees payable by Sportspersons may be subject to Tax at the rate in force from time to time. You are solely responsible for ensuring that you are registered and responsible for paying any Tax as required by the applicable laws of the jurisdiction in which you are, or your Business is, liable to pay such Tax.
2.3.4 If applicable, following an email confirming that the Contributions meet or exceed the Finance Target, at the end of the Fundraising Period the amounts due to Sportspersons, calculated in accordance with this Clause 2 of Section B, will be transferred to the Sportsperson. By using the Payment Partners the Sponsor accepts that they will be bound by their terms and conditions, links to which can be found in Clause 1.4 of this Section B.
2.3.5 Please note that the above timescales are estimates only and there may be a delay between the end of the Fundraising Period for a successful Project and your access to any funds.
2.4.1 Sponsors may fail to fulfill payment of Contributions and you acknowledge that their payment of Contributions is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability under any circumstances to any Sportsperson for their failure to receive any funds pledged by Sponsors in relation to their Project via the Website/Platform.
2.4.2 In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel or refund any Contributions or other amounts without giving any notice to you and do so without incurring any liability to you.
2.4.3 Sportspersons may contact SPONSORISE ME to cancel any Contribution for any reason and at any time before the Fundraising Period ends and shall not be required to fulfill any related Rewards related to such Contribution if they do so.
2.4.4 If your Project does not reach its Finance Target by the end of the Fundraising Period, any Contributions made by Sponsors for the Project will be cancelled and promptly refunded to the Sponsor, and you will not be entitled to receive any funds in respect of them.
2.4.5 A Sponsor may request a refund from a Payment Partner at any time during the Fundraising Period by emailing email@example.com. Should this happen, the Sportsperson will not be entitled to receive any funds from the Sponsor, and the Sponsor will not be entitled to receive any Rewards, if any, from the Sportsperson.
2.5 Sportspersons’ Obligations
2.5.1 As a Project creator, you shall:
(a) apply any Contributions you receive from Sponsors solely and directly for the purposes of achieving the Project and use them for no other purposes ;
(b) meet all commitments you make in your Project including, but not limited to, delivering all Rewards you offer to Sponsors ;
(c) use all reasonable endeavors to fulfill each Reward by the estimated fulfillment or delivery date (as applicable) specified by you on the applicable Project Page;
(d) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us, our Partners and/or any Sponsor ;
(e) not use any personal information we share with you in connection with a Sponsor for any reason other than fulfilling a Reward or contacting them in relation to the Project for which they have made a Contribution ;
(f) promptly contact and work with Sponsors to reach a mutually satisfactory resolution, which may include refunding their Contributions if you are unable to fulfill any of your commitments (including providing any Rewards) ;
(g) comply with all applicable laws and regulations in relation to your Project, your use of Contributions and offer of and fulfillment of Rewards ;
(h) be responsible for paying all fees and collecting and remitting all applicable Taxes connected with your use of the Website, the Contributions you receive and the Rewards you offer; and
(i) not take (or refrain from taking) any action or make any business or other decision in reliance on having your Project posted on the Website or on having any funds from Contributions until you have received clear funds from SPONSORISE ME into your bank account associated with your registered account.
3.1 Types of contribution
3.1.1 Sponsors can contribute to a Project by:
(a) making a Contribution; and/or
(b) by becoming a Partner and offering Rewards to a Sportsperson which will be arranged by SPONSORISE ME in accordance with Clause 1.3 above.
3.1.2 You acknowledge that your Contribution (whether financial or otherwise) does not entitle you to any rights in, or to, any Project, including any ownership, control, or intellectual property rights contained therein. All such ownership, control, and intellectual property rights shall be held and owned by the Sportsperson or Business in charge of the Project.
3.2 Making a Contribution.
3.2.1 Once you have registered as a User, you can make a Contribution by visiting the Project Page, selecting the amount you wish to contribute and the Reward you would like to receive, as applicable, and then selecting your payment method and submitting payment.
3.2.2 If you would like to make Contributions in relation to large numbers of Projects, please contact us by email before doing so.
3.2.3 Your username will be made publicly available in connection with each Project for which you make a Contribution unless you choose to make a Contribution anonymously.
3.3.1 You may make a Contribution without receiving a Reward.
3.3.2 Once you have made a Contribution, you cannot change your selected Reward without cancelling your Contribution.
3.3.3 The Sportsperson in charge of the Project shall have full discretion whether or not to list Rewards on its Project Page for Sponsors to choose from when making Contributions. In the event a Sponsor makes a Contribution despite the fact no Reward is listed, such Sponsor shall not be entitled to receive a Reward, nor shall such Sponsor be entitled to demand a Reward from either the Sportsperson in charge of the Project or SPONSORISE ME.
3.4 Cancelling a Contribution and Refunds
3.4.1 You may cancel a Contribution without charge at any time before the end of the Fundraising Period for a Project, whether it has reached its Finance Target or not. If you do so, you will not be eligible to receive any Rewards in relation to your Contribution.
3.4.2 If a Project for which you have made a Contribution is not deemed funded by the end of the Fundraising Period, your Contribution will be cancelled automatically.
3.4.3 You may not cancel your Contribution once a Project’s Fundraising Period has ended if at the end of that period the Project is deemed funded.
3.5 Sponsors’ Obligations
3.5.1 As a Sponsor, you shall:
(a) ensure that you have sufficient funds or credit available at the end of the Fundraising Period of the applicable Project for payment of the Contribution ;
(b) promptly respond to a Sportsperson’s request for information reasonably required by the Sportsperson to fulfill a Reward that you have chosen at the time you made your Contribution;
(c) comply with the terms and conditions for the payment processing services; and
(d) ensure that any funds used to make Contributions will not result in a breach of applicable law.
4. Other important terms
4.1 The contract between Sportspersons and Sponsors
4.1.1 The contract relating to the provision of funds from Contributions and the fulfillment of Rewards is made solely between a Sportsperson and Sponsor, subject always to these Terms. By making a Contribution, a Sponsor is making an offer to enter into a contract with the applicable Sportsperson provided that the Sportsperson is deemed funded at the end of the Funding Period.
4.1.2 The following steps have to take place before a contract is made between the Sponsor and the Sportsperson :
(a) after signing into their account the Sponsor makes a Contribution by submitting their payment details for processing. Before making their Contribution, the Sponsor will have the opportunity to review the Contribution amount and any related Reward, if applicable, and, if necessary, to amend these details; and
(b) the Sponsor will see an on-screen acknowledgement of their Contribution and receive an email confirming details of the Contribution made, to the email address provided by the Sponsor via the Sponsor’s account registered on the Website.
4.1.3 The Sportsperson accepts the Sponsor’s offer, and a binding contract is made between them, at the time the Fundraising Period ends and the Project is deemed funded, or if the total Contributions are equal to or exceed the Finance Target. Accordingly, nothing that the Sportsperson says or does will amount to any acceptance of a Sponsor’s offer until this occurs. SPONSORISE ME plays no role in a Sportsperson’s acceptance of Contributions from a Sponsor, except as expressly set forth in these Terms, and nothing we say or do shall constitute acceptance on behalf of any Sportsperson of any Contribution.
4.2 Publication and sharing of personal information relating to Sponsors with Sportspersons
4.3.2 For some Rewards, a Sportsperson may need further information from the Sponsors, (e.g. clothing sizes). The Sportsperson shall request such information directly from a Sponsor after the end of the Fundraising Period for the relevant successful Project.
Section C: Terms that apply to all Users
1. How the content provided by Users is used
1.1 The rules of the Website forums
1.1.1 The following rules apply to your use of the forum features contained on the Website:
(a) any content which you and other Users post or contribute to the Website, including all information on the Project Page, is generally known as “user generated content” (“UGC”); and
(b) we want Users to make full use of the Website and in particular to participate in the Website forums (including any Project Page). However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these Terms.
1.1.2 You agree to ensure that:
(a) you only contribute UGC to the Website if you know that you have the necessary rights to do so. By contributing UGC to the Website, whether text, images, video, sound recordings or other material, you are promising to us and to other Users that:
(i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through the Website in accordance with these Terms and permit its use via the Website and in our newsletters and that such permissions are freely available on demand by us should we require;
(ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms; and
(iii) you hereby indemnify us from any and all claims should you not be the owner, or in possession, of the necessary rights related to such UGC. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to the Website.
(b) all information provided by you via the Website or which you provide to other Users in connection with any Project is accurate, true and up to date in all respects and at all times and is not misleading in any way ;
(c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion ;
(d) you will use the Website and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms ;
(e) you will not harass or mislead or act unlawfully towards any person that you have contacted via the Website or disclose or use any contact information that they may provide to you without their prior consent ;
(f) you will cease to contact anyone that you have contacted via the Website immediately if they request you to do so; and
(g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, you have their full permission or are authorized under applicable law (i.e. Fair Use) to make their image available through the Website and to permit use of such content and image by any third parties we may authorize under these Terms. In the case of children, you will need to obtain prior permission to use their image from their parents or guardians.
(h) Should any UGC not meet the rules / requirements listed in this Section, as determined by us in our sole discretion or as made known to us by any third party, we reserve the right to remove such content without prior notice to you.
1.1.3 You may not:
(a) distribute or post spam, including, without limitation, send unsolicited marketing messages to other Users, or distribute or post chain letters, or pyramid schemes ;
(b) distribute viruses or any other technologies that may harm the Website, the interests of Users of the Website, or otherwise interfere with or disrupt our servers;
(c) post or transmit any advertisements for or solicitations of business ;
(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed ;
(e) except as permitted under these Terms, copy, modify, or distribute our content or trade marks from the Website or Users’ copyright material and trademarks or any content or trade marks owned by a third party unless you have their explicit permission ;
(f) harvest or otherwise collect or use information about Users without their explicit consent ;
(g) impersonate another User or falsely state or otherwise misrepresent your affiliation with a person, Business, or entity ;
(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Users ;
(i) continue to use the Website if your access to the Website has been suspended or your account terminated ;
(j) post any abusive, offensive, obscene, defamatory, unlawful or otherwise inappropriate content (“Inappropriate Content”); or
(k) engage in any other conduct that restricts or inhibits any other persons from using or enjoying the Website, or which, in our judgment, exposes us to any liability or detriment of any type.
1.1.4 Please note that any posting of information or sending of internal messages on or via the Website is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.
1.2 Who can use your UGC and how they can use it
1.2.1 When you contribute UGC to the Website:
(a) you are granting us unlimited, non-terminable and free permission (including the right to sub-license that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and/or to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to :
i. make all or any part of your UGC available through the Website to other Users of the Website ;
ii. include certain UGC in our newsletters ;
iii. allow any third parties authorized by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and
iv. allow third parties to link to pages on the Website which contain your UGC.
(b) you are granting every other User of the Website unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC.
1.3 Monitoring your UGC
1.3.1 We are not involved in any arrangements made between Users. Any postings on the Website and the uploading of any photos, pictures, videos, animations or other audio-visual material to the Website by Users does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety.
1.3.2 Please note that any information posted via the functionality available on the Website is the opinion of the person posting only and, although we have rules for the posting of content, our interactive features are susceptible to misuse. As such you accept that if you do rely on the information posted, you do so at your own risk and we shall not be liable or responsible for any damages incurred by you as a result thereof.
2. Exchanging personal information with other users
2.1 Disclosing personal information
2.1.1 Please be careful that when using the Website and/or any contained therein that you do not reveal any information from which you can be personally identified by other Users, such as your home or work contact details, your last name, or where you live, except in accordance with these Terms and where you feel comfortable revealing such personal information. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
2.2 Receiving personal information
2.2.1 If you wish to make a complaint about any issue regarding personal information please contact us immediately.
3. Misuse of the Website
3.1 We may monitor the use of the forums from time to time. Nonetheless, you agree to inform us if you spot any abuse or inappropriate behavior, in which case we may review specific postings made known to us by you. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through the Website please contact us.
3.2 We reserve the right to do any or all of the following :
(a) record the content (including any communications) contained in the Website community or in our communication systems ;
(b) investigate a claim that any one or more items of content do not comply with these Terms and determine in our sole discretion to remove or request the removal of the content ;
(c) remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms or applicable law;
(d) terminate a User's access to post content ;
(e) monitor, edit, or disclose any content ;
(f) edit or remove any content posted on the Website, regardless of whether such content breaches these Terms; and/or
(g) suspend or terminate your access to the Website.
3.3 If you disagree with a decision made by us, you should email your appeal to us. You may not use the Website or its forums to dispute or argue about any decision we make.
3.4 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all User accounts that may have been used by a User.
4. Disputes between Users
4.1 We are under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Website. This includes, but is not limited to, the fulfillment of Rewards and Services, and any other terms, conditions, warranties, or representations associated with Projects on the Website. We do not monitor and are not liable to you for the performance or punctuality of Projects nor do we endorse them. You hereby indemnify us from any and all claims you may have with a Sponsor, Sportsperson, and/or any other User you may encounter or engage via use of our Website.
4.2 We will co-operate to the extent practicable with any law enforcement authorities in any investigations arising out of your dispute with another User.
Section D: General provisions
1. Our content
1.1 All of the content on the Website is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by US and international copyright and other intellectual property laws.
1.2 Our content includes any information or other material found on or via the Website, including without limitation text, databases, graphics, videos, software and all other features found on or via the Website.
1.3 We make the Website, our content and any UGC available through the Website for your personal, non-commercial use only (other than with our express consent or as part of the Services we may provide to you). You may view the Website’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Website without our prior written consent.
1.4 To be clear, you are not in any circumstances permitted to :
1.4.1 make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Project and/or your Business (if applicable unless we give you express consent or as part of the Services we may provide to you) ;
1.4.2 edit any such content; or
1.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
1.5 The trade marks, logos and brands appearing on the Website are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights. Your use of and/or ability to access the Website shall not serve as granting you a license to our content, except as otherwise provided within this Section.
2. Third-party software
2.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on the Website. This software will be clearly identified on the Website.
2.2 In order to use such third-party software or technology, you may have to accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
3.1 You acknowledge that the Website may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
3.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
3.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
3.5 You may only link to the Website provided that :
3.5.1 the homepage is not loaded into frames on your website, unless we expressly agree and authorize you to do so in writing ; and
3.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values.
3.5.3 we reserve the right to withdraw linking permission at any time without prior notice.
4. Promises, liability and disclaimer
4.1 We promise that we will operate the Website with reasonable skill and care. Otherwise, the content and Services available on the Website are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this Clause 4.1 and Clause 4.3 of this section, we disclaim any and all promises, warranties, conditions, or representations relating to the Website and its content, whether express, implied, oral or written. In particular :
4.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Website and you should not rely on it being accurate, truthful or complete.
4.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto the Website.
4.1.3 Any posting of comments or information on the Website is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each User acts on his/her own behalf at all times and does not act as our representative or agent in any way.
4.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the Payment Partners' online payment processing services.
4.1.5 You agree that your access and use of the Website and its content is at your own risk. The content and information that we make available on the Website is provided for informational purposes only. Accordingly, we shall not be liable for any loss of any nature suffered by you as a direct or indirect result of your use of the Website and/or any of the information or content available on the Website or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Website.
4.1.6 By using the Website you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Website; response times to view, verify or transfer information and the risks inherent in all third party links, connections and transfers via the internet. Accordingly :
(a) We do not make any promises about the availability or accessibility of the Website or promise that your access to the Website, the content on it or the Services we provide will be delivered uninterrupted, timely or error-free;
(b) In no event shall we, our subsidiaries, or affiliates, or any of our or their respective employees, officers, directors, agents, or licensors be liable to you or anyone else for loss or injury stemming or resulting from, directly or indirectly, your use of the Website, the Services, acceptance of any Reward, or arrangement between any Sportsperson and Sponsor or other Users, including, without limitation, death or personal injury, loss or property, or property value, except as set forth in these Terms;
(c) In the event you incur any damages, losses, or injuries that arise out of or relate to the Website, the Services, or our acts or omissions, you acknowledge and confirm that the damages, if any, caused to you are not irreparable or sufficient to entitle you to a grant of injunctive relief that prevents the operation or exploitation of the Website, or any other website or property owned or controlled by us. You further agree you shall have no right to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of the Website, or any website or other property owned or controlled by us, or any and all Services or activities related thereto, including, without limitation, the maintenance of any information or content uploaded or provided by you;
(d) By accessing the Website and/or using the Services, you understand that you may be waiving rights with respect to claims that are at this time are unknown to or unsuspected to exist by you. Accordingly, through your continuous use of the Website and/or the Services, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code Section 1542, and other likewise statutory provisions that otherwise might limit your waiver of such claims. Notwithstanding the foregoing, some jurisdictions do not allow the limitation or exclusion of certain liabilities, and as a result thereof, some of the limitations included within this Section or these Terms may not apply to you;
(e) We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on the Website. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Website and we strongly recommend that you do so;
(f) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation, including, without limitation, transmission arising from your download of any content, software you use to download the content, the Website, or the server(s) that make it available. In this respect, you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content; and
(g) Whilst we hope that you will find the websites linked to on the Website of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
4.2 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do, or due to events or circumstances beyond our reasonable control.
4.3 Subject to clause 4.3:
4.3.1 IF YOU ARE A USER OTHER THAN A SPORTSPERSON OR SPONSOR THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A DIRECT CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS; AND
4.3.2 IF YOU ARE A SPORTSPERSON THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:
(a) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING, BUT NOT LIMITED TO, LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); OR
(b) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, IN EACH CASE FOR (a) AND (b), HOWEVER ARISING
(c) REGARDING ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS), OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED OR BE IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE PROJECT TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF $100.
5.1 You agree only to use the Website in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including, without limitation, reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to the Website or any actions you take which disrupt access to and/or the functioning of the Website) or any liability we incur as a result of your use of the Website and/or any other person that uses your account, with or without your permission.
6. Copyright complaints / DMCA Procedures
6.1 We respect the intellectual property rights of others, and we prohibit Users of the Website from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
6.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in clause 9 of this Section.
6.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of Users we determine to be repeat infringers of others’ copyrights.
6.4 Content hosted on third-party websites accessible from the Website is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorized the use of your content, please contact the administrator of the hosting website directly to have the content removed.
6.5 It is our intent to remain in and abide by the rules and regulations contained within the Digital Millennium Copyright Act (DMCA). As a result thereof:
6.5.1 We reserve the right remove any material that we determine, in our sole discretion, is or may be infringing upon any third party’s copyright rights at any time, and to terminate your right to use the Website if such use infringes the copyrights of another. We may, under appropriate circumstances and at our sole discretion, terminate your right to access to the Website if we determine that you are a repeat infringer. If you believe that any material has been posted on the Website in a way that constitutes copyright infringement, and you would like to bring it to our attention, you must provide our DMCA Agent identified within this Section with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) a description of the copyrighted work and the location (i.e. URL) on the Website where the alleged infringing work can be found; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6.5.2 Pursuant to the DMCA, we may reinstate material if we receive a counter notification from the provider of the removed material. If you are the provider of the removed material, you may submit a counter notification, which must include the following information: (a) the location (i.e. URL) relating to the material that was removed; (b) your name and contact information, including, without limitation, telephone number and email address; (c) a statement saying that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Broward County, Florida if your address is outside of the United States), and that you will accept service of process from the person or authorized agent who provided the initial DMCA notification to take down the material; (d) a statement, made under penalty of perjury, that the material removed was the result of a mistake or misidentification and/or that the posting or uploading of such material was permissible under applicable law; and (e) an electronic or physical signature by you or the person authorized to act on your behalf.
6.5.3 Please note that you, and you alone, will be liable for any damages (including attorney’s fees and costs) if you materially represent that your material and/or activity is not infringing upon the copyrights of others.
6.5.4 The contact information for our DMCA Agent for notices of claims of copyright infringement is: ________________
7. Written communications
7.1 When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Website via your account, or from which you otherwise email us.
8.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any license provided under these Terms (including for use of your UGC) or any other provisions contained with these Terms.
8.2 Student Athlete Eligibility. If you are a student-athlete and use the Website and/or its Services at any time during the course of your eligibility, you hereby represent and warrant that you have read and understood the contents of the NCAA Student-Athlete Rules and Regulations regarding crowd funding, which can be found at https://web1.ncaa.org/LSDBi/exec/edColumnDisplay?edColumnDisplaySubmit=Display&multiple=24139&division=1, and that your use of the Website and/or its Services is in compliance with such rules and regulations. Should your use of the Website and/or its Services not be in compliance with the NCAA Student-Athlete Rules and Regulations as set forth therein, or any in any other rules and regulations established by the NCAA, you agree that SPONSORISE.ME shall be in no way liable for any loss of eligibility, and that your sole recourse shall be to stop using the Website and/or its Services.
8.3 Entire Agreement. These Terms, together with any additional terms provided for the services described in Clause 1.5 of Section B, govern our relationship with you and represent our entire agreement with you.
8.4 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fail to do, or due to events or circumstances beyond our reasonable control, including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, labor disputes or strikes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, infection by computer virus, technical failure or difficulties, or error or disruption to major computer hardware or networks or software failures, civil commotion, actions of governmental authorities, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
8.5 References to any words in the singular shall include a reference in the plural (and visa versa).
8.6 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our express written permission, which may be withheld in our sole discretion
8.7 Waiver. The waiver or delay in the enforcement of any of these Terms shall not constitute a waiver thereof, and we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
8.8 Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them or any contract made under them, except that the provisions of these Terms may be enforced by any of our licensors due to their status as an intended third-party beneficiary of these Terms.
8.9 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
8.10 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles thereof. If you reside in Canada, any disputes arising out of or related to these Terms and/or your use of the Website and/or Services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms, without regard to its choice of law rules and without regard to conflicts of laws principles. You specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.
9. Contact us
9.1 The Website is owned by SPONSORISE.ME, a company incorporated in Paris, France. Our registered office address is 1-3 Boulevard Richard Lenoir, 75001, Paris, France and our email contact is firstname.lastname@example.org.
Our registered company number is 519 499 677.