Terms of Use

Terms of Use

These Terms of Use (the „Agreement“ or „Terms of Use“) are the legal basis of your use of Rainbow Campaign’s websites and services (the „Platform“ or “the Company” or the “Website” or “Site”). Please read them carefully as you agree to abide by these terms, the Privacy Policy, all applicable laws and policies or conditions referenced here by using the service of Rainbow Campaign in any manner, which includes but is is not limited to visiting, browsing, providing text content, audio or video material, or funding. Rainbow Campaign reserves the right to adapt, modify or delete parts of these Terms of Use at any given time. It is your responsibility as a User to read through the Terms of Use in a regular manner.

1. Definition

Rainbow Campaign, Himmelhofgasse 25/3, A-1130 Vienna, founded and owned by Douglas Griffin, operates under the domain https://www.rainbowcampaign.com an online platform (“website” or “site” or “platform”) for crowdfunding projects worldwide. Rainbow Campaign lists crowdfunding projects (“crowdfunding projects” or “campaigns”) of a person or teams (2 or more people) (“campaigners”) who aim to raise capital for their campaign of people or institutions (“funders”) who voluntarily support the projects with their monetary funds (“contribution” or “fund”). In return, they might or might not receive tangible or intangible rewards (so-called “perks”). Campaigners, funders, and visitors are collectively called “users”.

Rainbow Campaign provides the platform and related services to these users. That means, Rainbow Campaign takes no responsibility for the content, safety, morality, truth or legality of any content delivered on its platform, including campaigns, perks or funds. Also, Rainbow Campaign is not representing these campaigns, perks or contributions. Rainbow Campaign takes no responsibility for the quality or delivery of campaigns, perks or contributions. Users use Rainbow Campaign services at their own risk.

 

  1. Registration

The registration on Rainbow Campaign is free of any charges or fees for both campaigners and funders. There are no obligations derived from registration (exceptions: see 4.). Content of Rainbow Campaign can be viewed without registration but for using certain services, Rainbow Campaign provides, such as setting up a campaign or contributing perks to campaigns, you have to register. Cancellation of the registration is possible at any moment. Only users above 18 years are allowed to register to the Site without consent. Users under 18 years need the consent of a parent or a legal guardian, who will be then bound by these Terms and Conditions.Rainbow Campaign reserves the right to deny our service to anyone and to delete, reject or cancel any campaign or perk at any reason without liability.

You must give complete, accurate, truthful and updated registration information. You are obliged to use your own name, User ID, domain name and project name. These names must be solely yours, you are prohibited from using another person’s name, project name, User ID or domain name. You are not allowed to use a User ID that is in any way offensive, vulgar or racist.

In cases of doubt about your identification, you agree to provide additional identification material in order to prove your identity to us.

Providing false or obscene information about your identity will result in immediate termination of your registration. You are prohibited to use another person’s account without permission. Do not give your password to third parties. You are responsible for any kind of activity and content that happen on your account site. In case, you think another person is using your account without your consent or you notice any other kind of security breach, please give immediate notice to: info@rainbowcampaign.com

 

  1. Code of Conduct

Rainbow Campaign is a platform to inspire and create. We do not tolerate any kind of violence, hatred, racism, abuse, vulgarity, abusive language, harassment or spam as well as any kind of unlawful actions, such as infringements of personal data or intellectual property.

You are forbidden to:

  • promote violence, hatred, abusive language or harassment against other people or groups of people based on their ethnicity, sexual orientation, religion, gender, gender identity or age.
  • contribute content that you know is false, inaccurate or misleading
  • spam other members by posting offers of products or services, chain letters or junk mail or inopportune messages on their account sites
  • upload pictures or videos that contain sexual explicit content or publish links that connect to sites that are sexually explicit or show violence towards humans or animals.
  • submit content which contains software viruses or to participate in any activity that harms, damages or limits the proper function of the platform or activities conducted on this platform or to obtain security sensitive data, such as passwords, member data or information of third parties involved in this site.
  • take on any action that infringes on copyrights, trademarks, patents, public property or any other content that is unlawful.
  • submit content by taking on another person’s identity, including corporate identities
  • take any action that imposes, in Rainbow Campaign’s sole discretion, an disproportionate or unreasonable amounts of data that may harm the company’s or third party’s infrastructure.
  • reverse engineer, modify, adapt, influence, decompile or delete any kind of source code or algorithm used to set up this site.

Under any circumstance, you must abide by all applicable local, state, national, and international laws and regulations.

  1. Rainbow Campaign – Fundraising Platform for Campaigner and Funders

 

Rainbow Campaign is an online crowdfunding venue, which allows its users the usage of its service, which is based on a non-exclusive, non-durational, non-transferable license, as long as they abide by these Terms of Use.

Rainbow Campaign is an online crowdfunding platform, which means that campaigners from all around the world create their individual campaigns and run and promote them on this platform to fund their ideas, visions, projects or wishes. By creating and publishing the campaign on Rainbow Campaign, the campaigner invites the public to enter into a contractual relationship with them.

By funding a campaign, the funder accepts this invitation and therefore agree to enter into the contractual relationship. This contractual agreement happens solely between the campaigner and the funder. Rainbow Campaign is not a third party in that deal.Therefore, Rainbow Campaign is not liable for any damages or losses that occurred in relation to rewards, perks or campaigns.

Rainbow Campaign is not obligated or responsible to become involved or resolve disputes between campaigners and funders. This refers, but is not limited to quality, conditions and delivery of goods and services, conductions, presentations, quality or conditions associated with campaigns.

Furthermore, Rainbow Campaign does not guarantee to the funder that the amount he/she pledged will be used by the campaigner as described in the campaign presentation. Nor does Rainbow Campaign guarantee that campaigners will fulfill their promised perks or that the execution of the campaign will be successful. Funders give their pledged amounts to the campaigners at their own risk.

You, as the campaigner or funder, will not involve Rainbow Campaign, its employees, board members, agents or officers in the disputes and relieve them from damages, losses, claims or demands arising from such disputes. Rainbow Campaigns does not offer refunds to funders.

In some cases, payments of funders do not go through in the payment process. Therefore, Rainbow Campaign cannot guarantee that campaigners have received the funds (minus transaction fees). Rainbow Campaign and its payment providers deduct their fees before the transaction to the campaigner. Please note that transaction fees may vary from country to country.

Rainbow Campaign reserves the right to cancel, abort, reject or suspend any campaign for any reason and will not be held responsible for any losses or damages of a result of these actions. Furthermore, Rainbow Campaign does not need to give any reason for undertaking one of these actions.

Rainbow Campaign may cancel a funding at any moment for any reason and is not required to give any reason for undertaking this action.

4a. Campaigners

Responsibilities

  • You agree that all content you publish is your own responsibility. All content you access, you do so at your own risk and therefore Rainbow Campaign cannot and will not be held responsible for any losses or damages that may occur while using the service of this platform.
  • It is the funder’s responsibility to clarify all open questions or insecurities about a campaign
  • Campaigner have to fully comply with local, national and international laws and regulations when conducting their campaign, providing their perks and using their funds.
  • You agree and acknowledge that you are fully responsible for any content to upload on this Site.
  • As a Campaigner, you agree to fulfill each perk by its estimated delivery date.
  • Certain perks require further information about the funder, such as postal address for delivery of the rewards. It is the campaigner’s responsibility to request this information from the funder after the campaign.
  • After a campaign, campaigners are obliged to fulfill all perks they promised in return for a fund. If they are not able to fulfill the perk, the funder has to be refunded. You further agree to fully pay all outstanding royalties and occurring other amounts owed to any person or our company.
  • By agreeing to these terms of use you also agree to have read and accepted the terms of use of our payment provider partners.
  • You agree and acknowledge that Rainbow Campaign is not responsible for successful transactions of your funds to the Campaigner. Any disputes have to be clarified with our payment provider partners or the campaigner or funder.
  • After a successful campaign, campaigners are advised to not take any action regarding their pledged funds until they have full access to their funds as there might be a time gap between the end of the campaign and full transaction of the funds.
  • You agree that any content you are publishing may be identified by your Member ID, user name or personal name in relation to your uploaded content.
  • You agree and acknowledge that you must not post or upload content, such as videos, pictures, logos, or any other publishing material that infringes on or violates including but not limited to third-party copyrights, privacy rights, proprietary rights, trademarks, or licences unless you have the right from the rightful owner of the published material to use their content and therefore granting a licence to Rainbow Campaign. In case you feel somebody has violated your ownership rights, please let us know under: info@rainbowcampaign.com.

 

Rights

  • As a campaigner, you have the right to use the platform to post photos, text, videos, logos and any other material to present and market your campaign, as long as you do not infringe on third party’s intellectual property, trademark or any other copyrights. By uploading this material, you grant Rainbow Campaign and its users a global, transferable, non-exclusive, royalty-free licence and the right to use this material also, to share, use, publicly promote, display, advertise, reproduce, store and/or adapt your work on our behalf. Still, you will continue to hold and own all ownership rights in connection with your campaign and its materials. You warrant that the content you use to present and promote your campaign does not infringe on any intellectual property rights, trademarks, proprietary rights, privacy rights or copyrights and any other applicable laws. In case you infringe on these right, you cannot hold Rainbow Campaign responsible as it is your liability.
  • Rainbow Campaign provides each campaigner with the User ID, pledge amount and email information of their funders.
  • Campaigners do not need to fulfill funders’ requests for a refund, unless they are unwilling or unable to fulfill the original perks. Rainbow Campaigns does not offer refunds to funders.

Prohibitions

  • Campaigners are not allowed to start and run a campaign for unlawful purposes, or for purposes that aim to undignify, harm or hurt other people, groups of people, property of people, or animals.
  • Campaigners are not permitted to create campaigns that they know they will never be able to realise after successful funding.
  • Campaigners are forbidden to offer any of the following perks:
    • Any item, tangible or intangible, that is prohibited by law
    • Alcohol or controlled drugs
    • Illegal substances, drug paraphernalia
    • Any form of ownership in a company or venture, such as shares or bonds
    • Financial incentives
    • Guns, rifles ammunition or any other form of weapons and weapon accessories
    • Any form of lottery, gambling and winning contests
    • Any items or signs promoting hate, war, injury, violence, death or damage

 

4b. Funders

Responsibilities

 

  • You agree that all content you publish is at your own responsibility. All content you access, you do so at your own risk and therefore Rainbow Campaign cannot and will not be held responsible for any losses or damages that may occur while using the service of this platform.
  • It is the funder’s responsibility to clarify all open questions or insecurities about a campaign with the campaigner before funding a campaign.
  • Funders are solely responsible to claim any perks or donations for tax purposes.
  • Certain perks require further information about the funder, such as postal address for delivery of the rewards. In these cases, Funders are supposed to deliver this information within a short period of time to the Campaigner, so the Campaigner can fulfill his/her duty of fulfilling the perk.
  • Funders have to give their payment information when they fund a campaign. The amount will be collected at the time of pledging for the campaign and paid to the campaigner. Funders are only charged the amount they pledged.
  • By pledging for a campaign, the funder agrees his/her authorization to Rainbow Campaign and its payment providers to reserve a charge on the funders payment method (such as credit card) Backers agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
  • Rainbow Campaign does not offer refunds to funders in case the perks don’t fulfill the funder’s expectations. Unless the Campaigner did not fulfill or is unwilling to fulfill the reward, the Campaigner is not required to provide a refund.
  • By agreeing to these terms of use you also agree to have read and accepted the terms of use of our payment provider partners.
  • You agree and acknowledge that Rainbow Campaign is not responsible for successful transactions of your funds to the Campaigner. Any disputes have to be clarified with our payment provider partners or the campaigner.

 

  1. Fees & Payments

Registering on Rainbow Campaign is free of any charges to both campaigners and funders. Campaigners will be charged a success fee by Rainbow Campaign (details of pricing lists see here: rainbowcampaign.com/pricingandfees…) and a transaction fee by our payment provider partners, Mangopay, Wepay or any third party credit card payment processor fees. Rainbow Campaign is not responsible and can’t be held liable for any transactions, payment processes or the performance of our payment provider partners. By accepting these Terms of Use, you agree also to abide by the Terms of Use of our payment provider partners.

In case changes of our fees occur, they are effective only after the have been updated and we made them public via a notice that will be posted.

 

There are no refunds for funds, along with our fees and charges.

 

You, as a campaigner, are solely responsible for paying all applicable taxes that might come into effect due to the funds raised to your local authorities. We advise you to get in contact with and consult a tax advisor from your local jurisdiction and/or your local tax authorities in case of doubt.

 

  1. Third Party Sites

Our platform might link to other third party sites, such as advertisers or affiliate partner sites. When you do access these sites, be aware that Rainbow Campaign does not control the content or security of these sites. You access these sites at your own risk. Rainbow Campaign is not responsible for and does not represent the content of these sites. You agree and acknowledge that Rainbow Campaign cannot and will not be held liable for any damages or losses that do occur by accessing these sites. We advise you to read the Terms of Use and Privacy Policies of any third party sites before you enter and use their resources.

 

  1. Termination of Your Account

Rainbow Campaign reserves the right to terminate your account and therefore access to the service of the platform at any time, for any reason and without prior notice. This termination will result in the destruction and forfeiture of all your data and information held by your account.

In case you want to terminate your account, you may do so by simply following the instructions on the platform. Any fees paid by you to Rainbow Campaign are non-refundable. The company will preserve your account information after your termination in compliance with our accounting and legal company procedures. The provisions concerning usage of the platform and related services will survive the termination, including but not limited to warranty disclaimers, limitation of liability, ownership provision, waiver and release and indemnity.

  1. Warranty Disclaimer

Rainbow Campaign has no fiduciary duty to you and no special relationship with you. You agree that the Company has no obligation towards you to take any any actions concerning the following factors:
– controlling which Users have access to our Platform
– controlling what type of content users gain through access to the Platform
– controlling how Users might understand the published material and how it may affect them
– controlling what actions Users might take after they saw the published material.
In general, the Company has no obligation or responsibility to monitor the content provided by its users.

You agree and acknowledge that the Company cannot and will not be held liable for your acquisition or non-acquisition of content through the platform. The Platform might redirect you to third-party websites, such as affiliate partners or advertisers. The Platform does not represent and is not responsible for any content, including but not limited to its accuracy, copyright, morality or legality of third-party websites.
The Company cannot guarantee the accuracy, validity, legitimacy and authenticity of any data and content users publish about themselves, their projects and campaigns.

Rainbow Campaign reserves the right to cancel, interrupt, delete, edit, adapt, change or remove any content of any user as well as to block or terminate any user at any time and without prior notice and to not comment on the reason for these actions.

Rainbow Campaign is based on an “as is” and “as available” concept provided to you. There are no warranties, express or implied, including but not limited to, implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. The Use of this service is at your own risk.

The Company does not warrant that the service of the platform will be available and secure at any particular location and at any time that the service is free of any defects or errors and that any content or software is free of viruses or harmful components. You use the service at your own risk.

The Company cannot warrant that the privacy and confidentiality of communication, transaction and interaction can be protected on the site or third party sites. The Company cannot be held liable for any privacy discretions, such as privacy of email addresses, email messages, User ID information or any other content stored on the Platform and any content transmitted to the Website.

 

  1. Indemnification

You agree and acknowledge to indemnify, defend and hold harmless Rainbow Campaign, its affiliates and their employees, directors, officers, agents and contractors from all liabilities, causes of actions, obligations, losses, damages and expenses, including lawyers’ fees and possible legal costs that arose from or relate to your breach of these terms or your use or misuse of the Platform and its service or any other infringement, misappropriation or unlawful action by you or any other third person using your account. Rainbow Campaign reserves the right to assume the exclusive defense and control of any matter for which you have agreed to indemnify Rainbow Campaign, in which event you will assist and cooperate with Rainbow Campaign in the defense or settlement of any such matters.

 

 

  1. Limitation of Liability

Rainbow Campaign (including its affiliates, directors. Employees, partners or content providers) shall in no event be liable for 1) indirect, consequential, punitive, special or exemplary damages of any kind 2) any costs of procurement of goods or services, loss of profits, loss of data 3) for any viruses, bugs, or other harmful impacts on software or hardware 4) for any damage exceeding one hundred U.S. Dollars ($100). Some countries or states do not allow the limitation of incidental or consequential damages, so this limitation may or may not affect you. This limitation of liability section applies whether the alleged liability is based on contract, negligence, tort, or any other basis, even if Rainbow Campaign has been advised of the possibility of such damage and to the fullest extent permitted by law and applicable jurisdiction.

  1. International

Rainbow Campaign acts internationally, which means we serve to multiple countries. However, if the content provided on Rainbow Campaign is illegal in your country, you are prohibited from using the platform and its service. If you still use it, you do so at your own risk and you are responsible for the compliance with local laws.

  1. Language

In case of a conflict between Rainbow Campaign and any user or third party, all disputes, claims and causes of action will be communicated in German, as the company’s governing law is based in in Austria (see 14). Therefore all documents in any other language than German have to be filed together with a certified translation (by a certified court translator).

  1. Electronic Notification

You agree that Rainbow Campaign may provide notifications, including communication notices, agreements, legally required disclosures or any other information in relation to Rainbow Campaign to you via email. You may opt out of certain notifications, however, if you desire to withdraw your consent to receive certain notifications, such as Contract Notices electronically, you have to suspend your use of the Platform and its services.

 

  1. Governing law

The contract is subject to Austrian law  under exclusion of the international private law of Austria and other regulations which are applicable in Austria due to international conventions,  to the extent that it is legally permissible, excluded.  In terms of court of jurisdiction, the factual and local competent court of Vienna/Austria is exclusively agreed upon.

You give us your consent that: (i) the Platform will be deemed solely based in Austria (where we have our headquarters); and (ii) the Platform shall be deemed a passive one that does not give rise to personal jurisdiction over Rainbow Campaign, either specific or general, in jurisdictions other than Austria. This Agreement shall be governed by the laws of the Republic of Austria, without respect to its conflict of laws principles. Any claim or dispute between you and Rainbow Campaign that arises in whole or in part from the Company shall be decided exclusively by a court of competent jurisdiction located in the City of Vienna, Austria. Users who access or use the Platform do so at their own decision and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

 

  1. Changes to terms

Rainbow Campaign reserves the right to adapt and modify these Terms of Use at any time, so it is your responsibility to review these Terms of Use regularly. We will notify you about a change of these terms either by e-mail, on the homepage or wherever we feel it is appropriate and noticeable.

Contact Us

In case you have questions about these Terms of Use, Rainbow Campaign’s practices or doubts about appropriate dealings with our Platform, feel free to contact us at: info@rainbowcampaign.

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