As of June 1st, 2019
Description of Service
The Service allows certain users (“Organizations, Businesses and Entrepreneurs”) hereinafter referred to as WAYSEED MEMBER(S) to become a member and access the WAYSEED fundraising platform which includes CROWDFUNDING, MARKETPLACE STORE, DIRECTORY LISTING and CLASSIFIED ADS for the purpose of raising funds for WAYSEED MEMBER(S) projects (“Projects”), and other users (“Shoppers/Backers”) hereinafter referred to as SHOPPER(S)/BACKER(S) to purchase items or contribute funds to specific WAYSEED MEMBER(S) and/or their Projects. WAYSEED MEMBER(S), SHOPPER(S)/BACKER(S) and other users VISITOR(S) accessing information on the Site shall be deemed collectively “Users.” Users may be able to submit various content to the Site, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, data, text, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”).
Right to Modify
Service reserves the right to suspend or discontinue the Service at any time for any reason. Service may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
WAYSEED MEMBER(S) must be at least 18 years of age (and at least the legal age required to enter into a contract in their jurisdiction) to use the Service. Other users must be at least 18 years of age (and at least the legal age required to enter into a contract in their jurisdiction) or have the permission of a parent or guardian in order to use the Service. By using the Service, you represent and warrant that you comply with the above requirements, and that all registration information you submit is accurate and truthful. Service may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Rules and Conduct
The Service is provided only for your own personal or commercial use. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action with respect to the Service that:
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- you know, or reasonably should know, is false, misleading, or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
- constitutes unsolicited or unauthorized advertising or promotional material, including “junk mail”, “spam”, or “chain letters”;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Service or any third party;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- impersonates any person or entity, including any employee or representative of Service.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Service in its sole discretion) an unreasonable or disproportionately large load on Service’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Service may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
WAYSEED MEMBER(S) agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the WAYSEED MEMBER(S) fundraising efforts, or is not related to fulfilling delivery of a product or service explicitly specified in the WAYSEED MEMBER(S) fundraising effort.
Fundraising and Commerce
By creating CROWDFUNDING CAMPAIGN(S), MARKETPLACE STORE, DIRECTORY LISTING, CLASSIFIED AD(S) the WAYSEED MEMBER(S) is offering the public the opportunity to enter into a contract. By contributing to a fundraising campaign/project or purchasing WAYSEED MEMBER(S) items or products, the SHOPPER(S)/BACKER(S) is accepting the office of the WAYSEED MEMBER(S) and contract between SHOPPER(S)/BACKER(S) and WAYSEED MEMBER(S) is thereby formed. Service is not a party to that contract. All dealings are solely between WAYSEED MEMBER(S) and SHOPPER(S)/BACKER(S).
By creating and/or contributing to a CROWDFUNDING fundraising campaign, creating and/or purchasing to an item or product, you agree to be bound by this entire Agreement, including the following terms:
- SHOPPER(S)/BACKER(S) agree to provide their payment information at the time they donate to a fundraising campaign/project or purchase an item or product. The payment will be collected at point of donation or purchase.
- SHOPPER(S)/BACKER(S) consent to Service and its payment processor authorizing or reserving a charge on their credit card or other payment method for an amount up to the full donation, full item or product price (plus any taxes if applicable) and anticipated vendor processing fees at any time between the donation, purchase and collection of the funds.
- SHOPPER(S)/BACKER(S) agree to have sufficient funds available at the point of donation/contribution/purchase to ensure that the donation/purchase will be collectible.
- Once a donation/contribution/purchase is made, it cannot be cancelled by the SHOPPER(S)/BACKER(S). Fundraising goals may be posted for information purposes but donation/contribution/purchase funds are collected immediately and are only refundable at the discretion of the WAYSEED MEMBER(S) less Service’s fees.
- For all fundraising efforts, Service provides to the WAYSEED MEMBER(S) each SHOPPER(S)/BACKER(S) information.
- Service does not offer refunds. A WAYSEED MEMBER(S) is not required to grant a SHOPPER(S)/BACKER(S) request for a refund unless the WAYSEED MEMBER(S) is unable or unwilling to fulfill orders/incentive rewards(if applicable).
- WAYSEED MEMBER(S) are required to fulfill all orders/incentive rewards of their fundraising efforts or refund any SHOPPER(S)/BACKER(S) whose order/incentive rewards they do not or cannot fulfill.
- WAYSEED MEMBER(S) may cancel or refund a SHOPPER(S)/BACKER(S) donation/contribution/purchase at any time and for any reason, and if they do so, are not required to fulfill the order/incentive reward.
- Because of occasional failures of payments from SHOPPER(S)/BACKER(S), Service cannot guarantee the receipt by WAYSEED MEMBER(S) of the amounts donated/spent.
- Service’s payment processing vendor will remove their fees before transmitting proceeds of a donation/contribution/purchase funds. Service reserves the right to cancel a donation/contribution/purchase at any time and for any reason.
- Service reserves the right to reject, cancel, interrupt, remove, or suspend a CROWDFUNDING fundraiser campaign/project, MARKETPLACE STORE and it’s items/products offering, DIRECTORY LISTING, CLASSIFIED ADS at any time and for any reason. Service is not liable for any damages as a result of any of those actions. Service’s policy is not to comment on the reasons for any of those actions.
- WAYSEED MEMBER(S) should not take any action in reliance on having their CROWDFUNDING fundraiser campaign/project, MARKETPLACE STORE and it’s products, DIRECTORY LISTING, CLASSIFIED ADS posted on the Site or having any of the money donated/contributed/purchase funds collected until they have the ability to withdraw and spend the money.
Service is not liable for any damages or loss incurred related to CROWDFUNDING fundraiser campaign/project and incentive rewards, MARKETPLACE STORE and it’s items or products for sale/auction, DIRECTORY LISTING, CLASSIFIED ADS or any other use of the Service. Service is under no obligation to become involved in disputes between any Visitors, Users, WAYSEED MEMBER(S), SHOPPER(S)/BACKER(S) or between any of these and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with services on the Site. Service does not oversee the performance or punctuality of WAYSEED MEMBER(S). Service does not endorse any WAYSEED MEMBER(S) submissions, activity or Content. You hereby release Service, its officers, directors, members, employees, agents, and successors from any claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and to the Service of the Site.
Fees and Payments
Creating an account as a SHOPPER/BACKER on the Service is free. However, for the processing of donated funds, Service/WAYSEED MEMBER(S) will use an outside third party processor, presently Stripe, Inc. (www.stripe.com). Stripe charges SHOPPER(S)/BACKER(S) a vendor processing service fee equal to 2.9% of the donated/purchase amount plus $0.30 cents per transaction. All fees are added to each transaction automatically. Stripe’s fees and commissions are subject to change without notice from us. Please see www.stripe.com for its terms and conditions of use.
Service charges for SHOPPER(S)/BACKER(S) on CROWDFUNDING fundraiser campaign/projects are 3.5% fee on transactions for a total of 5.4% + $0.30 which includes the outside third party processors fee. (for project SHOPPER(S)/BACKER(S) WAYSEED is 1.5% less compared to GoFundMe.com fees which are 7.9% + $0.30)
Service charges for WAYSEED MEMBER(S) MARKETPLACE STORE are 10% of sales collected at the point of sale. WAYSEED MEMBER(S) processing vendor charges the WAYSEED MEMBER(S) it’s processing fee and the cost of the item/product should as listed plus taxes and shipping and handling (if applicable)
Service charges for WAYSEED MEMBER(S) for Services up-sell and ancillary complimentary services such as featured and sticky listings in the DIRECTORY and CLASSIFIED ADS sections vary and are listed at point of sale.
Accounts for WAYSEED MEMBER(S) are charged a recurring WAYSEED membership fee $30 monthly or $300 yearly ($60 saving over monthly). This membership allows the WAYSEED MEMBER(S) to post unlimited CROWDFUNDING fundraiser campaign/projects with incentive rewards, Open a MARKETPLACE STORE and post items or products for sale/auction, Post a DIRECTORY LISTING, Post unlimited CLASSIFIED ADS are funded as payments come in immediately into the WAYSEED MEMBER(S) own bank account less Service’s fees.
The Site’s online CROWDFUNDING fundraiser campaign/projects, MARKETPLACE STORE and it’s items/products offering, DIRECTORY LISTING, CLASSIFIED ADS pages will be publicly available on the internet for all to see, including search engines like Google and Yahoo. The Service does not allow private or hidden WAYSEED MEMBER(S) pages.
SHOPPER(S)/BACKER(S) will have the option to publicly display donations/contributions for all to see, including search engines like Google and Yahoo. During the donation process, you will have the option to hide your donation, including your name, comment and/or Facebook photo from other visitors and search engines alike.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Service. When you access third-party websites, you do so at your own risk. Those other websites are not under Service’s control, and you acknowledge that Service is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Service does not imply endorsement by or affiliation with Service. You further acknowledge and agree that Service shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. We encourage you to be aware of, and read, the terms and conditions and privacy policies of any third-party website that is in any way linked to or from the Service.
License to Company Content
You agree that the Service contains Content provided by Service, including its partners, and by Users. All such Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. All trademarks, logos and service marks contained on the Service are our property or the property of third-parties. Third-parties are permitted to use the Service logo to encourage users to visit the Service website, however the logo may not be changed or altered in any way, no text or other material can accompany or be associated with the logo in any way that is false or misleading, and use of the logo is subject to Service’s sole right to terminate its use for any reason. Except as otherwise permitted by this Agreement, you are not permitted to use any mark without the prior written consent of the party who owns that mark.
Service hereby grants to our Users a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce any Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from Service, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
By submitting Content, you agree to the following terms:
- Service will not have any ownership rights over your User Content.
- You hereby grant to Service the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to): (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your Content, including your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) Service’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) and the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the Content and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the Content, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to Service does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to your Content.
- You are publishing your Content, and you may be identified publicly by your name or Username in association with your Content.
- You grant to each User a non-exclusive license to access your Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content solely for personal, non-commercial use.
- You further agree that your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Service all of the license rights granted herein.
- You will pay all royalties and other amounts owed to any person or entity based on your publishing the Content on the Service.
- Your use or other exploitation of Content will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- Service shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your Content.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom that content originated.
- Service will not be liable for any errors or omissions in any Content.
- Service cannot guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, Service has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Service also may terminate User accounts even based on a single infringement.
Service will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a notification by contacting us at https://www.wayseed.com/contact/. Your inquiry must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c) (3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site including the URL to the location, sufficient for Service to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Service has no special relationship with or fiduciary duty to you. You acknowledge that Service has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Service cannot guarantee the authenticity of any data or information that Users provide about themselves or their projects and donations. You release Service from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Service makes no representations concerning any Content on the Site, and Service is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
Service does not guarantee that any Content will be made available through the Service. Service has no obligation to monitor the Service or Content. Service reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a WAYSEED MEMBER(S) CROWDFUNDING fundraiser campaign/project, MARKETPLACE STORE and it’s items/products offering, DIRECTORY LISTING, CLASSIFIED ADS; (ii) remove, edit, or modify any Content; and (iii) remove or block any User. Service reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Service, and its officers, directors, members, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; and (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): Service MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Service will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Service’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
In no event shall Service, nor its directors, officers, employees, members, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from Service all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Service may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of New Mexico and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Service and its Services are deemed a passive website that does not give rise to personal jurisdiction over Service or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New Mexico. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the federal courts or state court in the State of New Mexico, Bernalillo County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Integration and Severability
Last Update: June 1st, 2019