Terms and Conditions

Please read these terms of use (“Agreement” or “Terms of use”) carefully before using the services offered by Megafounder SL. (“Megafounder”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.megafounder.com, its subdomains and any other site operated by Megafounder or redirected to this web site (the “site”), as well as the sites operated by Megafounder (the “service”).

By using the service on the Site or any content, you are agreeing to the Terms and Conditions set forth in this agreement. This Agreement applies to all users of the Service, including without limitation users who are project managers, customers, merchants, contributors of content, information and other materials or services on the Site.

1. Megafounder is a Venue.

Megafounder acts as a venue to allow users who comply with Megafounder's policies to offer, sell and buy certain goods or services. Megafounder is not directly involved in the transaction between buyers (also known as customers or backers) and sellers (people or legal entities – “Project Managers”). We may refer to Project Managers, buyers and users collectively as "users" when matters affect all of them.

Megafounder has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Megafounder cannot ensure that a buyer or seller will actually complete a transaction.

Megafounder cannot guarantee the true identity, age, and nationality of a user. Megafounder encourages you to communicate directly with other users through the tools available on the Site.

You agree that Megafounder is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Megafounder. You use the Megafounder service at your own risk.

2. Membership Eligibility.

You must be 18 or older to use Megafounder. You certify that all information placed in your profile both recent and accurate to the best of your knowledge. We reserve the right to suspend your account should be have doubts about the accuracy of the information provided and to request proof, if need be.

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, some services may be subject to additional conditions, which would be outlined at that juncture.

3. Rules and conduct.

You promise not to use the Service for any purpose prohibited by Law or these Terms of use. You are solely responsible for all your activity within the Service.

Neither you nor any other person using your account will have permission to take any action or to upload any content that:

  • Infringes patents, trademarks, trade secrets, copyrights.
  • Infringes any right of any person or corporation.
  • Breaks any Law or contract.
  • Is false, misleading or untrue, including identity theft.
  • Is unauthorized or unrequested advertising, spam or junk mail.
  • Contains viruses or any other material harmful to software, hardware or telecommunication equipments, or enables unauthorized access to any system or information of Megafounder or third parties.
  • Has been performed to break any legal duty of third parties.

Also, your actions may not directly or indirectly:

  • Take any action that imposes or may impose an unreasonable or disproportionately large load on Megafounder’s or its third-party provider’s infrastructure; this circumstance will be looked into and determined by Megafounder at its sole discretion.
  • Interfere or attempt to interfere in the proper working of the service.
  • Hinder any measure that Megafounder could use to prevent or restrict the access to the Service, computer accounts, systems or networks connected to them.
  • Undertake any kind of spamming of the service.
  • Use software or devices to crawl any page of the site.
  • Decipher, decode or attempt to derive in any way any source of the code or algorithms of any part of the service.
  • Create in any way any derivative works from any part of the service.

You must comply with all applicable local, state and international regulations.

Project Managers commit not to make improper use of the user’s personal information (using it for any other purpose not considered in the project panel, or not related to the delivery of the product or service concerned, especially the massive delivery of commercial information or spam).

4. Registration.

You can view the content of the site without registering, but the use of some services will be limited. To take full advantage of the site, you will need to register with a user name and password. Your information must be real, complete and up-to-date.

You cannot use as a user name, a name for the domain or a name for the project any term that:

  • Is the name of another person who you mean to impersonate.
  • Is protected by the right of any other person, without his or her permission.
  • Is offensive, vulgar or obscene.

Megafounder reserves the right, at its sole discretion, to refuse or cancel the registration, Megafounder domain name or the name of the project. You are solely responsible for the activity of your account. Never share your password. If we notice any unauthorized or fraudulent use of your account, we will notify you.

5. Fees and Billing.

Joining and setting up a project on Megafounder is free. Megafounder does not charge any fees for opening a project and listing an item for sale. Megafounder may charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. If our fees ever change, we’ll announce that on our Site.

You are responsible for paying all fees and applicable taxes associated with using Megafounder. Our payment partner will subtract fees before transmitting the proceeds.

Transactions are processed through an external payment gateways, and Megafounder is not responsible for its performance. Users payment data is not stored in our servers or systems.

Fees and Termination: If Megafounder terminates a listing or your account, if you close your account, or if the payment of your Megafounder fees cannot be completed for any reason, you remain obligated to pay Megafounder for all unpaid fees plus any penalties, if applicable.

6. Project Managers: Listing and Selling

Items description: items can be free or paid. By listing an item on the Site you warrant that you and all aspects of the item comply with Megafounder's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Megafounder project. All items must be listed with appropriate tags. Each listing must accurately and completely describe the item/items for sale. If the quantity per item is more than one, all units must be identical.

Binding Sale: Project Managers are responsible for accurately listing their items, and customers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased.

Fee avoidance: You may not alter the item's price after a sale for the purpose of avoiding Megafounder transaction fees or shipping costs, misrepresent the item's location, or use another user's account without permission.

Customers data: You agree to use their customers data only for the purpose stated in the project. Should you use the information for an inappropriate reason, such as spam, we reserve the right to delete your account.

7. Prohibited and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Megafounder and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Megafounder.

There are some things not allowed at Megafounder:

  • Weapons and munitions.
  • Medicines, tobacco, drugs and illegal substances.
  • Lotteries, sweepstakes, multi-level marketing or pyramid schemes.
  • Inappropriate, misleading, violent or offensive material (for example, hate speech, projects endorsing or opposing a political candidate or group, etc.).
  • Sexually-oriented or pornographic products or services.
  • Financial products (virtual currencies, timeshares, currency exchanges, loans, shares, mortgages, reparto de beneficios, etc.).
  • Selling social media activity, such as Twitter followers, Facebook likes or Youtube views.
  • Any content, product or service that infringes upon the copyright, trademark or trade secrets of any third party.
  • Personal fundraising: medical expenses, tuitions, funerals, memorials, etc.
  • Self-help material.

8. Contents and authorization.

The content of the service is provided by Megafounder, its partners and users. It may be protected by property rights, brands or any other right or Law, national or international. You must abide by and uphold all the property rights and any other legal information available through the service.

The use, reproduction, modification, distribution or storage of any content for any purpose other than that outlined by Megafounder or on the project page is prohibited without the previous and written authorization of Megafounder or the owner of the property rights.

By delivering the content you accept that:

  • Megafounder does not own or have any rights over any submission submitted by a User. By using the service you authorize us to use your materials to promote our service; the rights provided to us by the user are worldwide, non-exclusive, irrevocable, sub-licensable and transferable and can be used to take any actions necessary in order to offer or promote the service, such as to prepare derivative works, host, broadcast, transmit, promote, distribute, or otherwise use your submitted content in a manner related to the service of Megafounder or Megafounder businesses, including web sites and third parties.
  • Your published and submitted content may be publicly identified by your real name or user name. The content published is the sole responsibility of the user.
  • Your content, or its use, cannot infringe on the rights of another person, entity or corporation.
  • Megafounder may delete, edit, modify, select or translate any delivered content. Projects must be approved before publication; if we propose any changes, we will contact you with them before publication. We understand the project is the users and suggestions made are not requirements unless otherwise stated.
  • Megafounder is not responsible for the accuracy of content. We cannot identify the identity of other users you interact with while using the service.

Megafounder, under certain circumstances, may cancel the account of those users that break intellectual property rights of third parties.

9. Intellectual Property.

Megafounder, and other Megafounder graphics, logos, designs, and service names are registered trademarks, trademarks or trade dress of Megafounder SL in the U.S., Spain and/or other countries. Megafounder's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion

10. Sites of third parties.

The service may contain links to other websites or resources on the internet, and other websites and resources can contain links to the site. This does not constitute a relationship between these sites with Megafounder, nor does it imply Megafounder's support of these sites.

11. Termination of your account.

If you wish to terminate your account, you may do so through your profile. Any fees paid to Megafounder will not be refundable.

Megafounder may terminate your access to the service, without reason or notice; that may result in the forfeiture and destruction of all information associated with your account.

12. Megafounder Service.

Megafounder reserves the right to:

  • Change or modify the Terms of Use. By using the services offered by Megafounder, you are agreeing to the terms outlined on this page and related pages. Megafounder will notify all users of any upcoming or impacting changes whenever possible.
  • Change, suspend or stop the service at any time and for any reason.
  • Establish limits in certain functions or services, or restrict the service totally or partially, without prior notice and without incurring in any liability of any kind.
  • Megafounder's services are not available to temporarily or indefinitely suspended Megafounder members. Megafounder reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Megafounder reserves the right to refuse service to anyone, for any reason, at any time.

13. Limitation of liability.

Megafounder is not responsible for:

  • Who accesses the site what what content they access.
  • Any consequences the content may cause the users, or how they may use, understand or interpret that content.
  • Any actions users may take as a result of having been exposed to the content.

Megafounder cannot guarantee the authenticity of the information that users give about themselves in their projects. You absolve Megafounder from all liability for the content you access through the site.

Megafounder does not guarantee that any content will be available through the service, and does not have the duty to monitor the service or content. Megafounder reserves the right, at any time, for any reason, without previous notification, and without examining the reasons of any of these actions, to:

  1. Cancel, refuse, interrupt, terminate or suspend a project.
  2. Delete, edit or modify any content, including the submitted content.
  3. Terminate or block any user or submitted content.

Megafounder, its suppliers and partners cannot guarantee that:

  • The service will be secure or available at any particular time or location.
  • Any mistake or defect will be corrected.
  • Any content or software available through the service will be free of viruses or harmful components.

You shall indemnify and compensate Megafounder, its suppliers and partners for all the liabilities, claims and expenses, including reasonable expenses of litigation and other legal costs, in connection with your use of or access to the service or content, the violation ofthese terms of use or infringement by yourself or any third party using your account, of any intellectual property rights or other rights of any person or entity.

Under no circumstance Megafounder, its partners or suppliers will be liable for any profit loss, data loss, changes to goods or services, the cost of the acquisition of replacement good or services, or any harm, indirect, accidental or any other kind; nor for any other damage, virus or trojan.

14. Governing Law and conflict resolution.

These Terms of use (and any other rule, policy or guide included in the site) are governed by the current Spanish Law. Any dispute will be decided at the Court of Girona (Spain).

Privacy Policy

We ask that you take a moment to read this Privacy Policy. We want to be sure you are aware of the terms and agree with them before using our services.

Megafounder realizes that your privacy is very important to you and we take the responsibility of protecting that data very seriously. By accepting these terms you are giving us your consent to collect and use your personal details, always in accordance with this Privacy Policy.

Megafounder reserves the right to modify this Privacy Policy without notification. It is always our intention to announce any changes made, but we do ask that you review the policy from time to time to ensure that you remain in agreement with the terms. By using Megafounder, you are agreeing that you accept the terms, in their entirety, as stated at that moment.

Data Collection.

In agreement with Spanish Organic Law 15/1999, of 13th December, governing the Protection of Personal Data, all data that you provide to us will be stored on a file, which is the sole property of Megafounder. This file is registered at the Spanish Agency for Data Protection that guarantees the security and privacy of your data.

Megafounder collects and processes the following information:

  • Personal details: name, email, address, country, profiles in social networks, etc.
  • Log-in information: username and password.
  • Transactional details or information required to complete a transaction.
  • Requested information regarding the service or its content: confirmations, information requests, newsletters, invitations, etc.
  • Information you provide to us regarding the service: Comments, contributions, suggestions or requests for assistance.

We ask that you use the most recent information regarding your personal data and promptly update your profile if it should change. We also ask that you only use your true identity; misrepresentation will result in disciplinary action. You are welcome to use a username or handle for our services, should you wish to keep your identity private, but we ask that you do not falsify information provided to us. Should you provide false, incomplete or inaccurate data, you are solely responsible for any consequence of the error.

If you would like to make any changes to your account, cancel your account or express your opinion regarding this policy, feel free to email us at hello@megafounder.com

Use of your personal data.

We will use the information you provide us to:

  • Identify you when you log into your account.
  • Provide you with Megafounder services.
  • Send you information you’ve requested or that could be of interest to you.
  • Administer your account in Megafounder.
  • Contact you with questions regarding your service.
  • Analyze the use of the service to improve our contents and services.

The user does have the option to store their credit card for convenience should they wish to do so. In that case, only the last four digits of the card number will be displayed. Your card information is stored securely and privately through Stripe and Project Managers do not have access to your credit card information. Stripe does allow access to the type of card used and the last four digits of the card number, which can be viewed from the Project Manager dashboard.

Communication: email.

Our primary form of contact is through email. We reserve the right to send you an email to confirm transactions with Megafounder or in other situations where communication with your is required to fulfill the Terms of Service.

Occasionally, we may also send emails regarding promotional information, changes in service or other helpful content. You have the option to stop receiving such emails should you request it. We have no intention of flooding your inbox.

Third party services.

Your privacy is important to us. Megafounder will never post on your behalf to any social network or third-party site without your permission. We also will not share your name or any other personal details with any third party unless required for the effective use of the service (for instance, sharing transaction details with Stripe.)

Cookies.

Cookies are small bits of information that are sent to your computer when you visit a website and which store information about your use of the service. Megafounder uses cookies to help recognize you as a repeat visitor, to improve the quality of our service and to adapt the information to your needs. The cookies used on this website are temporary. We will never use cookies to collect any personal information.

How do they work?

Every time you use Megafounder our web server sends a cookie to your computer which allows us to recognize it; this gives us information regarding how a certain computer uses our website. No personal information of any kind is gathered unless you are logged in, at which point only the information agreed on in this Privacy Policy is gathered.

While most browsers accept cookies by default, you can turn off the option or block cookies within your browser; however, because our service requires the use of cookies to effectively run, you may experience a limitation in service by disabling cookies. Nevertheless, by blocking or deleting cookies used on our Service, you may not be able to take full advantage of our service.

The following is a list of the most popular browsers, along with a link on how to enable or disable cookies in that browser:

What cookies do we use?

Megafounder uses the following types of cookies:

IP geolocation cookies: Cookies are used to determine the country where a service is requested from. This cookie is completely anonymous, and it’s only used to help adapt the content to your location.

Additionally, some services may connect with social networks such as Facebook or Twitter. When the user logs into the site using the credentials of a social network, it allows that social network to store a persistent cookie that remembers its identity and ensures that he has access to the services until it expires. The user can delete this cookie and revoke access to services through social networks by updating his preferences in that social network.

Analytical Cookies: each time a user visits the site, a tool from an external service provider (Google Analytics) generates an analytical cookie on the user's computer. This cookie is used to anonymously identify the visitor. It serves to:

  • Identify, anonymously, the users that surf the web (it identifies browsers and devices, not people) and therefore the approximate number of visitors and their trend in the time.
  • Identify, anonymously, the most visited content.
  • Know if the user is a new or recurring visitor.

Voluntary Disclosure.

Any personal information or content that you post on public areas of the service will be publicly available and Megafounder is not responsible for how the information is used after being posted. As a result, we ask you to be careful with the information you post publicly.

Project Managers may have access to personal details as names, emails or delivery addresses when necessary to provide the service.

Other Terms.

Megafounder does reserve the right to provide your personal information to legal entities should it be requested and required by law, or if necessary to protect our rights.

If you wish to amend or cancel the personal information you’ve provided us, just log into your account and update your profile. Some information may have to remain stored to comply with legal requirements.

We ask participants to be eighteen years or older in order to use any part of Megafounder. As a result, there are no special terms for persons under the age of eighteen.

While we take every precaution to protect your information and privacy, because of the international nature of Megafounder, it is possible the information may be transferred between countries (such as that used for Google Analytics, or if your computer should be in a different country than our server.)

Contact.

If you have any questions feel free to contact us at hello@megafounder.com..

Corporate Information.

Megafounder S.L. is a corporation located in Girona (Spain), with registered address at 91 Emili Grahit, Monturiol building p3-b02, Parc UdG, P.C.: 17003.

Megafounder is duly registered on the Trade Registry of Girona (Spain), Volume 2898, Book 0, Sheet 53, Section 8, Sheet 53748 and its tax identification code is (ES)B55151799.

Updated: December 2014.