Terms of Use Page 2
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed Content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
SOCIAL MEDIA
As part of the functionality of the Website, HyperFundIt is located on a third party service provider (“The Steem Blockchain”). HyperFundIt does not obtain any User’s private Steem Blockchain account information.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE STEEM BLOCKCHAIN ASSOCIATED WITH YOUR STEEM BLOCKCHAIN ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THE STEEM BLOCKCHAIN SERVICE PROVIDERS AND/OR APPLICATIONS.
HyperFundIt makes no effort to review any Content that you have provided to and stored on the Steem Blockchain account (“Social Network Content”) for any purpose, including but not limited to, for accuracy, legality or non-infringement, and HyperFundIt is not responsible for any Social Network Content.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the HyperFundIt Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the Content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third Party Content. The inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and HyperFundIt takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
USER DATA
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the HyperFundIt Services, as well as data relating to your use of the HyperFundIt Services. We do not perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the HyperFundIt Services. You agree that HyperFundIt shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against HyperFundIt arising from any such loss or corruption of such data.
PRIVACY POLICY
The Website is currently functioning on The Steem Blockchain, by using HyperFundIt’s Website and Services, you are agreeing to the privacy policies of any Steem Blockchain applications that you view the HyperFundIt Website on. We do not collect any personal data on the Website.
INDEMNITY
You agree to defend, indemnify and hold HyperFundIt, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed Content, use of the HyperFundIt Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, HyperFundIt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HyperFundIt, and you agree to cooperate, at your expense, with HyperFundIt’s defense of such claims. HyperFundIt will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
DISCLAIMERS
HyperFundIt cannot control the nature of all of the Content available on the Website. By operating the Website, HyperFundIt does not represent or imply that HyperFundIt endorses any blogs, contributions or other Content available on or linked to by the Website, including without limitation Content hosted on third party websites or provided by third party applications, or that HyperFundIt believes contributions, blogs or other Content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable Content you may encounter on the Website or in connection with any contributions. HyperFundIt is not responsible for the conduct, whether online or offline, of any user of the Website or HyperFundIt Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND HYPERFUNDIT SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPERFUNDIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE HYPERFUNDIT SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HYPERFUNDIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR HYPERFUNDIT SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HYPERFUNDIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HYPERFUNDIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HYPERFUNDIT OR ITS DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, COST OF PRODUCTION OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR HYPERFUNDIT SERVICES, EVEN IF HYPERFUNDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HYPERFUNDIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100 OR THE AMOUNT PAID, IF ANY, BY YOU TO HYPERFUNDIT FOR THE HYPERFUNDIT SERVICES DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
DISPUTES & GOVERNING LAW
Between Users
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that HyperFundIt is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release HyperFundIt, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the HyperFundIt Services.
With HyperFundIt
1. Governing Law; Jurisdiction
This Agreement and all aspects of the Website and HyperFundIt Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of New York, without regard to conflict of law provisions. HyperFundIt’s Services are considered a passive website that does not give personal jurisdiction over HyperFundIt or it’s owners, affiliates, employees, agents, or shareholders, either specific or general, in any jurisdiction other than the State of New York. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Nassau County, State of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or HyperFundIt Services be instituted more than two (2) years after the cause of action arose.
2. Informal Resolution
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and HyperFundIt agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
3. Binding Arbitration
If you and HyperFundIt are unable to resolve a Dispute through informal negotiations, either you or HyperFundIt may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, HyperFundIt will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Nassau County, State of New York. Except as otherwise provided in this Agreement, you and HyperFundIt may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
4. RestrictionsM
You and HyperFundIt agree that any arbitration shall be limited to the Dispute between HyperFundIt and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
5. Exceptions to Informal Negotiations and Arbitration
You and HyperFundIt agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or HyperFundIt’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor HyperFundIt will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and HyperFundIt agree to submit to the personal jurisdiction of that court.
ABOUT THE SERVICES
Campaigns
HyperFundIt Services allows any User registered with a Project Creator Account (“Project Creator”) to host a Crowdfunding Campaign on the Website in order to raise capital and awareness for a company/project.
If a User signs up to Hype a Campaign (“Influencer”) and is approved by the Project Creator hosting the Campaign, then both the Influencer and the Project Creator enters into a contract and are bound by the Influencer x Project Creator Relationship Agreement stated here. For an Influencer to be compensated, this Agreement along with a copy points document must be signed by both parties and submitted to HyperFundIt by means of email or direct message on Discord.
If a User donates to a Campaign (“Supporter”), the User is accepting the offer of the Project Creator hosting the Campaign and is forming a contract with the Project Creator. Both the Project Creator and Supporter are bound by the terms of the Supporter x Project Creator Relationship Agreement stated below.
HyperFundIt is not a part of either contract between Project Creator and Influencer, and Project Creator and Supporter.
ALL PROJECT CREATORS WHO WISH TO BUILD AND LAUNCH A CAMPAIGN ON HYPERFUNDIT MUST SUBMIT A CAMPAIGN REQUEST FOR APPROVAL. HYPERFUNDIT HOLDS THE RIGHT TO REJECT ANY CAMPAIGN FOR ANY REASON AND MAY REMOVE ANY CAMPAIGN THAT IS ALREADY LAUNCHED IF THERE IS A POSSIBLE CASE OF FRAUD OR VIOLATION OF THIS AGREEMENT.
Supporter x Project Creator Relationship Agreement
If a Campaign is successfully funded, the Project Creator must complete the project outlined in the Campaign and send out any rewards promised to the Campaign’s Supporters. Once the project described in the Campaign is finished and all promised rewards have been shipped out to the Supporters and the Supporters are notified on the completion of the project with substantial evidence, the Project Creator has fulfilled all obligations to the Supporters of the Campaign. The Project Creator agrees that if a Campaign does not successfully reach its goal by the end of the Campaign’s Funding Phase, the Project Creator will give his/her best efforts to bringing the project to fruition and return any donations if a Supporter asks for a refund. If a Project Creator cannot complete the project as described in the Campaign he/she will only have fulfilled all obligations to the Supporters of the Campaign by: When Supporting a Project Creator’s Campaign the Supporter is entering into a transactional contract accepting the rewards the Project Creator offers in relation to the amount donated. All donations to a Campaign, after HyperFundIt collects the service fees and the Influencer(s) in participation with the Campaign receive their promised percentage of the donations, will be received by the Project Creator whether or not the Campaign successfully reaches its goal at the end of the Campaign’s Funding Phase. Supporters should understand that they are entering into a transactional contract with possibly undeveloped businesses and artists, who may: (1) be novices in business development and be unable to successfully finish a project as described in their Campaign after reaching their funding goal; (2) incur issues with shipment to Supporters outside of the United States; and/or (3) be unable to fulfill the rewards promised without full funding. Only the Project Creator is responsible for fulfilling the promises made in his/her Campaign and can be subject to legal action by Supporters.
Influencer x Project Creator Relationship Agreement
An Influencer automatically enters into a sponsored working relationship under the Influencer X Project Creator Relationship Agreement as detailed here with a Project Creator when the Influencer agrees to create material specifically targeted towards his/her social media following (“Content”) to be published on his/her third-party social media platform, to promote the Project Creator's Campaign and in return receive a percentage of the percentage set aside by the Project Creator as payment for participating Influencer(s) of the Campaign (“Influencer Pool”). The Influencer must follow FTC Endorsement Guidelines by making clear to their audience any Content created for the promotion of the Project Creator's Campaign is sponsored. HyperFundIt reserves the right to temporarily or permanently blacklist any User that violates the FTC Endorsement Guidelines.
User agrees that if the working relationship is a collaborative relationship, where both Project Creator and Influencer work to create promotional Content together for the Project Creator's Campaign, and in return the Influencer receives a percentage of the Influencer Pool as payment, the Project Creator and Influencer should instead fill out and sign a Collaboration Agreement. The Collaboration Agreement template provided here is for your convenience. The use of this template is not mandatory and can be modified to suit your needs. HyperFundIt is not responsible or liable for any issues that may arise with the use of the Collaboration Agreement template provided by HyperFundIt. Any Collaboration Agreement dictating the collaborative working relationship and is signed by both the Project Creator and Influencer is between the Influencer and the Project Creator. HyperFundIt will not be involved in any legal disputes between Users or Users and third parties. The following are terms that govern the Influencer x Project Creator Relationship Agreement (“Relationship Agreement”), which encompasses both Sponsored working relationships and Collaborative working relationships:
1. Ownership and Licensing
An Influencer retains ownership of any Content created by the Influencer. Both the Influencer and the Project Creator will retain an even ownership of the Content created through collaboration. In the instance of a sponsored working relationship, the Project Creator retains an exclusive license to use and share the Content created by the Influencer on third-party platforms for promotional purposes during the Campaign’s runtime. If the Content is shared or posted on any of the Project Creator's third-party platforms during the Campaign, the Project Creator is not obligated to remove the Content after the Campaign ends. The Content may not be reused for any other commercial purposes or in future Campaigns without the consent of the Influencer. The exclusive license is paid for by a percentage of the Influencer Pool, listed on the Project Creator's Campaign page. Payments for each individual Influencer working with a Campaign is in proportion with the amount of traffic their content brings to the campaign tracked by a Bitly link. (Refer to the Payment Option section.)
2. Creative Control
The Influencer retains creative control of the materials however the Influencer must follow the copy points set forth by the Project Creator in order for the Content to be approved.
3. Copy Points
The Project Creator must provide the copy points that need to be addressed by the Influencer in his/her Content before any Content is created. Copy points must be written out, reviewed, and signed by both parties then submitted to HyperFundIt via email or Discord in order for them to be valid. A Copy Points template is provided by HyperFundIt, the use of this template is not mandatory and can be modified to suit your needs. HyperFundIt is not responsible or liable for any issues that may arise with the use of the Copy Points template provided by HyperFundIt.
The details of the copy points are up to the Project Creator's discretion and may include but are not limited to: (1) whether or not the Influencer can use their own verbiage or read a script verbatim; (2) what key points must be addressed (ie. values, functionality, etc.); (3) the number of posts the Influencer is responsible for publishing in a certain time period; and (4) the holdback period. The holdback period is the time period between the date that the Content is approved and the date that the Project Creator chooses to have the Content published. The Influencer agrees to comply with the copy points provided by the Project Creator when creating Content to promote the Project Creator's Campaign.
4. Preview Expectations
The Project Creator must provide a written statement of approval before an Influencer can publish the Content and receive compensation for the publication of the Content. The Project Creator is not obligated to approve any Content created by the Influencer even after both parties have agreed to a Relationship Agreement if: (1) the Content does not meet guidelines laid out by the copy points; (2) the Content is determined, in the Project Creator's sole discretion, to contain inappropriate material, (3) and/or if the Content is determined, in the Project Creator's sole discretion, to be detrimental to the Project Creator's Campaign. If the Project Creator decides to reject an Influencer’s Content, the Project Creator and/or Influencer may agree to adjust the Content to correct the issue that incurred the rejection, or terminate the Relationship Agreement. If a Relationship Agreement is terminated for any reason the Influencer will not be compensated. A work relationship agreement cannot be terminated once the Content has been approved. If the Influencer chooses to publish the Content after a working relationship has been terminated, legal action may be taken against the Influencer by the Project Creator and/or HyperFundIt.
5. Specifications Regarding Shared Images
The Project Creator agrees to discuss with the Influencer when and where the images/videos will be uploaded to any third party social media platform.
6. Dedicated Content
The Influencer agrees that the Content must be dedicated to the Project Creator's brand. No other competing brands may be mentioned or present in the Content created for the Project Creator's Campaign.
7. Social Channels
The Influencer agrees to promote the Content on their third party social media page, depending on what type of Influencer they are and what was agreed upon by both parties.
8. Length of the Campaign
Each Campaign runs for approximately 42 days. During the first 14 days, the Project Creator hosting the Campaign is recruiting Influencers to create promotional material for them. During the last 28 days, the Support function will be available, this is when Users can donate to the Campaign and Influencers will be allowed to post their material at the agreed time and date.
9. Timeline of Engagement
The following is a loose timeline of engagement between the Influencer and the Project Creator:
The Influencer and Project Creator will enter into a Relationship Agreement and decide upon the guidelines specific to their Relationship Agreement. The guidelines may include but are not limited to: the payment option the Project Creator has chosen, the Copy Points the Project Creator has decided upon, a general timeline of when deadlines must be met, and what creative ideas Influencers have for the Content. The Influencer agrees that the content must be completed and submitted for the Project Creator's approval by the deadline of 48 hours prior to the start date of the Campaign’s Funding Phase. Influencer agrees to keep all video Content created for Youtube that has yet to be approved by the Project Creator unlisted and to not share or upload publicly any Content prior to the decided publication date for the specific piece of Content. Once the Content is approved, the Content can be made public on the Influencer’s platform at the agreed upon time and date. After the Campaign ends HyperFundIt will distribute the funds raised by the Campaign in accordance with the payment option the Project Creator agreed to. Both the Influencer and the Project Creator will receive their portion of the donations at the completion of the campaign. If there is any delay, HyperFundIt will provide notices updating each party about the reasons for the delay. During the Beta, HyperFundIt will be manually updating the information on Project Creator’s Campaign page.
10. Payment Option
HyperFundIt offers four different payment models that a Project Creator may choose from during the Campaign building process. You agree that the payment option the Project Creator chooses will be how HyperFundIt distributes all raised funds at the end of the Campaign and will be displayed on the Campaign page for the public to see. You agree that in all payment options, HyperFundIt will collect 15% of the total funding as a service fee. You agree that a percentage of the donations will be set aside to pay Influencers who Hyped the Project Creator's Campaign (“Influencer Pool”). This percentage differs depending on the payment option the Project Creator chooses. The Influencer Pool will be split amongst the Influencers respectively to the percentage of traffic generated by each Influencer. The incoming traffic is tracked through individually unique Bitly links provided to each Influencer by HyperFundIt. The percentage of traffic is calculated through Bitly sessions. The payment options are as follows:
“Hyper Funding” - This payment option is for the Project Creator who is focused on raising funds to expand or advance his/her project. Participating Influencers will collectively receive 20% of the total funding. Once HyperFundIt has collected the service fee, the rest of the donations will be given to the Project Creator to fund his/her project.
“Half & Half” - This payment option is for the Project Creator who is looking to raise funds and awareness for his/her project. Participating Influencers will collectively receive 42.5% of the total funding. Once HyperFundIt has collected the service fee, the rest of the donations will be given to the Project Creator to fund his/her project.
“Heavy Marketing” - This payment option is for the Project Creator who is focused on raising awareness for his/her project. Participating Influencers will collectively receive 65% of the total funding. Once HyperFundIt has collected the service fee, the rest of the donations will be given to the Project Creator to fund his/her project.
“Custom” - This payment option is for the Project Creator who requires a flexible payment option. The Project Creator determines the percentage to pay the participating Influencer(s). Once HyperFundIt has collected the service fee, the rest of the donations will be given to the Project Creator to fund his/her project.
11. Product Placement
You agree that In the case a product is mailed by a Project Creator to an Influencer with the intent for the Influencer to use it in promotional Content for the Project Creator's Campaign, the Project Creator and Influencer have entered into a Product Placement Agreement, whether the agreement is documented or not. Both parties agree to the following terms:
The product received by the Influencer must be visible in the promotional Content created for the Project Creator's Campaign.
The Project Creator can include guidelines to how he/she wants the product to be displayed in the Content. The Influencer agrees to follow these guidelines set forth if he/she receives the product.
The Project Creator and Influencer must have a written agreement stating whether (1) the product will be paid for by the Influencer and how much, (2) or is a complimentary gift to the Influencer, (3) or if it is lent to the Influencer and must be returned after the completion of making the promotional Content, and (4) who will pay for shipment of the product.
If there is no written agreement and issues arise after the Project Creator has sent out the product, the Project Creator then forfeits the product and any expenses that incurred with the shipment of the product.
HyperFundIt will not be involved in this written agreement and therefore will not be liable for either party breaching the agreement. HyperFundIt does, however, take the integrity of our Users seriously and will work to promote such integrity throughout our Website. Any User who does breach written third-party agreements with other Users that pertain to the use of HyperFundIt Services, will face consequences including but not limited to receiving a warning, having to pay fully for the product sent, or having the User be temporarily or permanently placed on the blacklist.
HyperFundIt is not a part of the agreement between the Project Creator and Influencer, therefore HyperFundIt cannot be liable for any issues that arise through the transactional or shipment process.
HyperFundIt strongly recommend Project Creators not to mail out products that have a value over $100 to Influencers. HyperFundIt will not provide warranty for any lost or damaged items.
ELECTRONIC CONTRACTING
Your use of the HyperFundIt Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL CONTRACTS AND TRANSACTIONS YOU ENTER INTO RELATING TO THE HYPERFUNDIT SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS WITH HYPERFUNDIT OR OTHER USERS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
ELECTRONIC SIGNATURES
Users are allowed on HyperFundIt to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on HyperFundIt.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and HyperFundIt regarding the use of the HyperFundIt Website and Services. The failure of HyperFundIt to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. HyperFundIt may assign any or all of its rights and obligations to others at any time. HyperFundIt shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond HyperFundIt’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and HyperFundIt as a result of this Agreement or use of the Website and HyperFundIt Services. Upon HyperFundIt’s request, you will furnish HyperFundIt any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against HyperFundIt by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the HyperFundIt Services or to receive further information regarding use of the HyperFundIt Services, please contact HyperFundIt as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
If you have any questions regarding our Terms of Use, please contact our Policy Officer at:
Iris Lee
8 The Rise
Woodbury, NY 11797
Email: [email protected]
Phone: (516) 320-5513
By engaging with this post, you are agreeing to our Terms of Use.