Terms and conditions
Welcome to Buskerdues.com ("Website"). These terms and conditions ("Terms and Conditions") govern the use of the Website and the services offered thereby (“Our Services”). This Website provides an online platform where the users ("Buskers") can run their campaigns to raise funds for their projects.
PLEASE CONSIDER THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DON’T APPROVE ALL OR ANY PROVISION OR PART THEREOF, PLEASE STOP USING THIS WEBSITE AND OUR SERVICES.
Your continuous use of this Website will be considered that you have read, understood and agreed to these Terms and Conditions.
We reserve right to update, change, modify or alter these Terms and Conditions (“Amendments”) at any time without any prior notice to you. We may, but not obligated to, notify you of such Amendments if you are our registered user. Your use of this Website subsequent to these Amendments shall be governed by the amended version of these Terms and Conditions. We recommend you to review the Terms and Conditions frequently.
2. DEFINITIONS:“You”, “Your” or “User” refers any user who uses our Website and Our Services.“User Content”: It means any content such as graphics, graphics, images, photographs, text, profiles, information, audio or video files, drawing, links and any data the User post on this Website.
“We”, “Buskerdues”, “us” and “our” refer to Buskerdues Inc.“Busking”, “Busking Campaign”, “Buskerdues Project Campaign” or “Busking Project Campaign” refers to the promotional activities carried out for fundraising for a project.
“Buskerdues Project”, “Busking Project” or “Project” refers to the project for which you intend to raise funds.
“Donations” or “Contribution” refers to the funds provided to you by your supporter for the realization of the Project.
“Pledge” means your commitment to fund the Project.
“Tip”, ‘Tipping’ means your commitment to fund the Project.3. SERVICES, ELIGIBILITY AND USER ACCOUNT:Eligibility:
You will only be eligible to create an account with us if you are at least eighteen (18) years old and competent to create a legal agreement.
You can visit our Site without registration. However, some of our services are available only to our registered users. You can register by creating an account with us for free. You need to suggest a unique user name, submit certain personal information and create a password. The information you submit must be accurate and complete. You are not allowed to impersonate any other person or choose user name that violate third party rights or that are offensive. If you breach the foregoing provisions, then your account may be terminated in our sole discretion.
Scope of Services:
Buskerdues aims to provide you with a venue and platform to make its account holders able to run Busking Campaigns for the purpose of attracting pledges in the prescribed manner and other accountholders or general public to fund these Busking Campaigns.
We reserve the right to review all Busking Campaigns and associated activities. However, we are not responsible for the content of any Busking Campaign. Similarly, we are also not liable for the use or management of funds generated through Busking Campaign.
Buskerdues owns no liabilities as to the true identity of any User.You acknowledge that Buskerdues is a service provider and venue, and, therefore, owns no liability or responsibility associated with any User Content. You acknowledge that the use of our services is at your own risk.
3. PROJECT CREATION, LAUNCHING AND CAMPAIGNING We examine all requests to set up a Busking Project Campaign prior to launch. You must provide us with the full description of your status and the proposed Busking Project. We may launch your Busking Project on our Website at our sole discretion. Your submissions to set up a Busking Project Campaign must comply with the qualifying criteria. The submission must include your name, contact information, fundraising target (“Busking Targets”), fundraising deadline (which must not exceed 90 days) and a detailed description of your Busking Project Campaign.
You can make any amendment in Busking Target and fundraising deadlines once they are submitted to us for launch. Once your campaign is launched, you may edit your project page, provided that the amendment does not alter material aspect of the project. We may disallow any changes declaring it to be material change at our sole discretion.
Busking Project Campaign is launched for a period not less than 30 days and not more than 90 days. We own no responsibility for any Busking Project failing to achieve the Busking Target by the end of the fundraising deadline.Prohibited Projects:
No project can be launched:
i. To raise funds for charity;
ii. That offers securities, financial products, rewards, or other proprietary interests, financial returns, donation repayments, cash or any cash equivalents.;
iii. To promote illegal, unauthorized, dangerous and heavily regulated items;
iv. To run political campaigns;
v. For the products consisting of pornographic material, drugs, tobacco, nicotine, paraphernalia, and explosive material; and
vi. For the products to be manufactured in infringement of the rights of any other person.
4. CONTENT AND USER SUBMISSIONS: Prohibited Content and acts:
You are not allowed to take any action or upload or download, submit or post or otherwise transmit or distribute or assist the distribution or use of any content on or through our Website that:i. Infringes any third party rights with reference to any patent, copyright, trademark, service mark, trade secret, publicity, or privacy or other right or violates any applicable law or contractual obligation;
ii. You know is false, offensive, obscene, discriminatory, abusive, misleading, discriminatory, or inaccurate;You shall not:
i. Try to interfere with or obstruct the proper functioning of the any of Our Services;
ii. Bypass any of our security measures we have installed to secure any of our Services;
iii. Try to damage, destruct or get unauthorized access to any account, password, data, system, or other information, whether or not it belongs to Buskerdues.
iv. Commit any act that imposes an undue load on our technological infrastructure, or on any of our third-party service providers.
v. Employ any kind of program or device to spider or crawl any part of our Website.
vi. Reverse engineer any aspect of our Services with the intention to access source code, algorithms or underlying idea.Third Party Content:We may provide you with the links to third-party resources and websites for the sole purpose of your convenience. We do not control such third party resources and websites and own no responsibility to that effect. We also don’t endorse, approve or recommend any of such third-party resources or websites. You acknowledge that we will have, in no circumstances, liability to you for the content or hyperlinks available through this Website or use thereof. You are strongly advised to review the terms, rules and policies governing such websites.
5. FUNDS, FEES, COSTS, PAYMENTS AND REFUNDS:
You agree to be responsible for paying costs and fees inclusive of applicable taxes relating to your use of our Services. If a listing is removed from this Website for breaching the Terms and Conditions, no fees you have paid will be refunded, unless we determine at our sole discretion that a refund is appropriate.
In no circumstances, the funds or pledges will be restored or refunded that are captured.
It is your responsibility to contact the Donor who has pledged to fund your Project but the payment gets failed. You should ask the Donor to provide any alternative payment method. You agree that we will not be liable to any pledges made by any Donor.If you are Donor, please know that Pledges will be charged against your debit or credit card or PayPal account at the time you make such transaction. The funds transferred through PayPal will reach Busker’s PayPal account within 5 to 15 days.
Other Donations made through debit or credit card will be deposited into a trust account maintained by Buskerdues, and held for the period during which the Busking Project campaign is going and for 5 to 15 days after the expiry of Fundraising.You cannot cancel a Donation once the Payment has been processed. In case you want to increase your Donation once the same has been processed, you may make another Donation, provided that the Fundraising deadline is not expired.Donations to be processed shown on the payment page will be inclusive of all costs and fees applicable to your transaction. The costs and fees of the transaction are deducted from your contribution by PayPal or any other service providers and the remainder goes towards the Buskers Project and any associated fees and costs to be payable to the Website.
Transaction Fee: As a Donor, you agree to pay the transaction fee incurred on the transaction you may make with reference to the Busking Project you support.Fees and costs of Busking Projects:
A successful project will be subject to the following fees and costs that will be deducted from your funds raised:
i. Flat 5% to Paypal
ii. 12% to Buskerdues.
The utility of the Fees and Costs Collected:
The money generated through the fees and costs is spent on the maintenance of this Website, staff wages, investment payback, reinvestment, payment processing and similar business expenses.
Upon the first 2500 succesfully completed Buskerdues Projects, this Website will become self-reliant. We aim to lower the Site fees from 12% to 9%. In addition to this, we will also be investing in our favourite Buskerdues Projects.Charge Backs
You agree that, in certain circumstances such as error or fraud, we and our service providers may reverse a payment made through the Website ("charge back"). You agree to indemnify and hold Buskerdues harmless against and from all costs, expenses and losses arising from or associated with such charge backs. You acknowledge and agree that we may set-off the charge back against any fund owed to you by us, such as the contributions made by your supporters.Your Agreement with Payment Service Providers:To collect funds or make Donations through our Website with reference to any Buskers Project, you must have a functional PayPal account as all PayPal Contributions are made through PayPal. Your use of services of PayPal is subject to the user agreement devised by PayPal. Buskerdues is not party to such agreement and owns no responsibility for any obligations or rights relating to such agreement. In the event of any issue with reference to the services of PayPal or Pledge made in favour of any of your projects, you should contact PayPal's customer service department. If the issue persists, you should notify the concerned user who made such Pledge.
6. INTELLECTUAL PROPERTY, COPYRIGHTS AND INFRINGEMENT COMPLAINTS:Our Intellectual property, material, content, programs, design, images, drawings, graphics, tools, applications, information, and text (“Our Content”) and Our Services are subject to our copyrights (Copyright © 2012- 2017, Buskerdues Incorporated, Inc) and similar other way
Buskerdues, Busikerdues Inc. and any trademarks, service marks, logos and design displayed on our Site and associated with any of our services offered through this Site are subject to our proprietary rights. You cannot use such marks in any manner, through any media and in any circumstances without our written permission.Our Services and Our Content are legally protected under copyrights, patents, trademarks, service marks, proprietary rights, trade secrets, and other laws. Unless otherwise provided or contemplated in these Terms and Conditions, you agree to respect our rights to or in our Services and Our Content. You further agree not to use, modify, change, convert, translate, or create derivative works of Our Content and our Services.We grant you a revocable, non-transferable, global and non-exclusive license to use Our Content for your personal purposes. You agree that you shall not use it for commercial purposes without obtaining our prior permission. By commercial purposes, we mean if you use, sell, lease, license, or otherwise exploit our Services or Our Content for commercial use.Your Content and Intellectual Property:
You agree to grant us an irrevocable, non-exclusive, global, perpetual, sub-licensable, a royalty free, and transferable license in your User Content to use, copy, modify, translate, reformat, distribute, edit, delete, commercialize, share or make use of it for any purpose we may deem fit at our sole discretion for the provision of our Services, promotion of the project and this Website.
By posting your User Content, you represent that the User Content does not fall within the scope of Prohibited Content and complies with the Terms and Conditions and code of conduct.You shall not use any stuff in your User Content that is subject to any third party copyrights unless you are granted license or you are permitted under any law to that effect. You are solely responsible for your use of any material in the User Content. You will be responsible to pay all fees, costs and expenses associated with the material used in the User Content.If we or our Users use your User Content for the purposes contemplated in these Terms and Conditions, you agree that we and our Users are not in violation of any third party rights, copyrights, privacy rights, publicity rights, contractual rights, or any intellectual property rights. You agree to own all responsibilities with reference to the information you post or privately transmit using our Website.
You acknowledge that we are not responsible for any mistake, error or omission in your User Content.Copyright Infringement Notice/Complaints:We strictly comply with the applicable copyrights law. We are committed not to violate third party rights. If you have sufficient proof of our violation of your rights, please send us with the following details:i. Your name, contact information, email and physical address;
ii. The hyperlink to the existence of the disputed content on your end or any proof so that we may be able to locate the existence of the disputed content;
iii. The hyperlink to the disputed content existed on our side so that we may be able to match;
iv. A statement requesting to remove the content from our Website;
v. A statement declaring under the penalty of perjury that the information stated in the notice is correct; and
vi. The signature of the complainant.
If your notice fails to contain the information required above, we will not consider your notice. We may respond such notice/complaint with a counter-notice if we are not convinced of your proof provided in the notice/complaint.Being a User, you acknowledge that we reserve a right to terminate, suspend, take down or delete any User Content with reference to which we believe it infringes the rights, law or privacy of any person or entity.
7. CODE OF CONDUCT: Compliance with laws and obligations:
You are supposed to comply with the applicable laws of Canada and of your local jurisdiction and satisfy your contractual obligations arising from these Terms and Conditions and any agreement you may have entered into.Misrepresentation and falsification:
You must not post any information you believe is false, inaccurate, misleading, or untrue. You must also not commit any deceitful or fraudulent act.No offer involving prohibited items:
You must not offer any item or product that is prohibited under any applicable laws, rules and regulations or under any of Buskerdues policies, guidelines or rules.No Victimization:
You must not victimize any other person by doing an act, or posting or publishing any content that is abusive, threatening, defamatory, libelous, harassing, discriminatory, tortuous, profane, obscene, or invasive of his/her privacy. No spamming and harmful activities:
You are not allowed to distribute junk mails, chain letters, spam and unauthorized and unsolicited promotional and marketing material. Similarly, you are also not permitted to run any kind of spam, auto-responder, listservs, mail lists on or through our Website.
You must also not distribute or transmit viruses, or any program or application designed to interfere with or obstruct the functioning of any program, software, application, hardware, or equipment by using our Website.No Misuse of Private Information:
You may receive personal information relating to the users upon your successful creation of a project. Such information may include their names, contact information or physical address. You are supposed to use such information only for the purposes of the participation in the project and not for any other purposes.8. INDEMNIFICATION:
You warrant and represent that you will indemnify, protect and hold Buskerdues harmless from and against any or all obligations, liabilities, costs (including reasonable attorney’s fee), expenses, claims and demands arising from your act of omission and commission, User Content, Project, infringement of third party rights, dispute with any third party, breach of these Terms and Conditions or any contractual breaches with third party or our service providers, or your any dispute with other User of this Website.
9. DISCLAIMER AND LIMITATION OF LIABILITIES: We are committed to keep this Our Services and Website safe, secure, and working properly, but given the vulnerabilities of ecommerce, we are unable to give guarantees for the proper, efficient, smooth and issueless operation of Our Services and Website.YOU AGREE THAT YOUR USE OF THIS WEBSITE AND OUR SERVICES IS AT YOUR OWN RISK. YOU FURTHER AGREE THAT OUR SERVICES AND WEBSITE ARE PROVIDED ON THE BASIS OF "AS IS" and "AS AVAILABLE". UNLESS OTHERWISE EXPRESSLY STATED AND TO THE PERMISIBLE EXTENT OF THE APPLCIABLE LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES THAT OUR SERVICES AND THIS WEBSITE ARE MERCHANTABLE, USEFUL, UNINTERRUPTED, ISSUELESS, SMOOTH AND FIT FOR A PARTICULAR PURPOSE.To the extent permitted by applicable law, we are not responsible, and you agree not to hold us responsible, for any damages, expenses, costs or losses including, without limitation, loss of profits, reputation, or other special, indirect, or consequential losses arising directly or indirectly from your use of or inability to use this Website or our Services, delays in this Website and Our Services, exposure to viruses or malicious software during the use of this Website or Our Services, bugs, glitches, errors, omissions, or inaccuracies in our Services and Website, or failure to achieve the objectives for which you used our Services and this Website.
10. MISCELLANOUS: Entirety of Agreement:
Unless otherwise expressly provided, these Terms and Conditions constitute the entire agreement between you and Buskerdues superseding any other prior understanding and agreements.Headings and numbers:
The headings and numbers are provided for the convenience of the reader and do not affect the meaning of any provision of these Terms and Conditions.
If any provision these Terms and Conditions or part thereof is found to be invalid, void, illegal, inapplicable or unenforceable by any judicial authority, the same shall be severed from the Terms and Conditions and remainder will be valid, legal, applicable and enforceable without any effect.Governing Law and Dispute Resolution:
These Terms and Conditions governed by the applicable law for the time being in force in France. Any dispute arising from these Terms and Conditions shall be resolved by the court having competent jurisdiction over Vancouver British Columbia Canada.Contact:
In case of any question, please contact us at firstname.lastname@example.org