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1. Welcome

This page explains our terms of use. When you use My Body Funding, you’re agreeing to all the rules below.

By using this website (the “Site”) and services (together with the Site, the “Services”) offered by My Body Funding (together with My Body Group, and its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, “My Body Funding,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Site, like our Community Guidelines.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email.

New versions of the terms will never apply retroactively—we’ll tell you the exact date they go into effect. If you keep using My Body Funding after a change, that means you accept the new terms.

My Body Funding is for your personal, non-commercial use, except as explained in section 4 and section 5 below.

2. Creating Account

 

You must be 18 or over to sign up for a My Body Funding account. You’re responsible for your account and all the activity on it.

You can browse My Body Funding without registering for an account. But to use some of My Body Funding’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@mymodyfunding.com.

 

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

3. Bad Behaviors

 

You shouldn’t do—lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself.

Hundred people use My Body Funding. We expect all of them to behave responsibly and help keep this a nice place.

 

Don’t do any of these things on the Site:

  • Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.

  • Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.

  • Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.

  • Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.

  • Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Kickstarter or another party).

  • Don’t abuse other users’ personal information. When you use My Body Funding — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a My Body Funding project: don’t use it for other purposes, and don’t abuse it.

  • Don’t try to interfere with the proper workings of the Services.

  • Don’t bypass any measures we’ve put in place to secure the Services.

  • Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to My Body Funding or another party.

  • Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)

  • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.

  • Don’t take apart or reverse engineer any aspect of My Body Funding in an effort to access things like source code, underlying ideas, or algorithms.


4. How Projects Work

 

My Body Funding provides a funding platform for creative projects. When a creator ( My Body Group's subsidiaries or affiliates ) posts a project on My Body Funding, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.

My Body Funding is not a part of this contract—the contract is a direct legal agreement between creators ( My Body Group's subsidiaries or affiliates ) and their backers. Here are the terms that govern that agreement:

When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.

Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that they’re not buying something when they back a project—they’re helping to create something new, not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.

If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers.

 

A creator in this position has only remedied the situation and met their obligations to backers if:

  • they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;

  • they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;

  • they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;

  • they’ve been honest, and have made no material misrepresentations in their communication to backers; and

  • they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.

 

The creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.

5. How Funding Works

 

These are the terms that apply when you’re backing a project:

  • You’re only charged if the project reaches its fundraising goal. You’ll provide your payment information when you pledge, but you won’t be charged. Your payment will only be collected if, at the time of the project’s funding deadline, the project has reached its fundraising goal. The exact amount you pledged is the amount My Body Funding will collect. If the campaign hasn’t reached its fundraising goal, you won’t be charged, no funds will be collected, and no money will change hands.

  • In some cases we’ll reserve the charge on your card. My Body Funding and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full pledge, at any time between the pledge and the collection of funds.

  • You can change or cancel your pledge at any time before the project’s funding deadline (with one exception). You can increase, decrease, or cancel your pledge at any time during the campaign, with one exception. During the last 24 hours of the campaign, you can’t decrease or cancel your pledge without contacting customer support first—if that action would drop the project below its funding goal. Once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with the creator.

  • The estimated delivery is the creator’s estimate. The month and year listed on each reward is the creator’s estimate of when they will provide the reward—not a guarantee to fulfill by that time. The schedule may change as the creator works on the project. We ask creators to think carefully, set an estimated delivery they feel confident they can work toward, and communicate with backers about any changes.

  • The creator may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time. Creators should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at support@mybodyfunding.com if you receive a request for information that seems inappropriate or excessive.

  • My Body Funding doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project creator. My Body Funding doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds.

 

These are the terms that apply when you’re creating a project: For My Body Group's subsidiaries or affiliates.

  • You can refund individual pledges if you want. After your project has been funded, you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.

  • We’ll charge our fees before putting funds in your account. My Body Funding and its payment partners will subtract fees before transmitting the proceeds of a campaign.

  • Some pledges can’t be collected, which might reduce the amount of funding you get. Because some payments can’t be collected—for instance, when a backer’s credit card expires before funding ends, and they don’t provide updated information—we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.

  • We'll help resolve payment-card disputes. If a backer of your project disputes the charge with their card issuer, we'll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your project for the amount of the chargeback.

  • Prepare for potential delays. Don’t assume you’ll be able to launch your project when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.

 
6. Out of our responsibility

 

My Body Funding isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site.

 

When you use the Services, you release My Body Funding from 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 the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Our Fees

 

Creating an account on My Body Funding is free. My Body Group's subsidiaries or affiliates whom  create a project that reaches its funding goal, we collect a 5% fee and our payment partners collect payment processing fees (between 3% and 5%) too. Our partners’ fees may vary slightly based on your location (country origin).

We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and My Body Funding isn’t responsible for its performance.

 

You’re responsible for paying any additional fees or taxes associated with your use of My Body Funding.

8. Other Websites

 

My Body Funding may contain links to other websites. (For instance, project pages (subsidiaries, affiliates), users shares, and My Body Group may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

My Body Funding partners with other companies (such as Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.

9. Your Intellectual Property

 

We generally use it to promote projects and showcase our community. 

My Body Funding doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:

  • We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content. In general, we use this content to promote projects and showcase our community on the website. There are many factors that we take into consideration before featuring a project on the homepage. This includes, but is not limited to, a crisp project image with no logos, badges, or text on top, a clear and detailed description that includes a thorough plan for completing your project, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. The project(s) at the very top of the homepage typically are best-of-the-best Projects We Love—based on factors such as creative innovation, honesty —but we also use algorithms to surface popular projects, and projects recommended just for you. We may also recommend projects that are gaining traction as a result of their creator’s own advertising, and/or on the basis of a user’s prior search terms, browsing history, project backings and other interactions, and cookies we have collected during their visits to our website.

  • When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.

  • You won’t submit stuff you don’t hold the copyright for (unless you have permission). 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 My Body Funding all the license rights outlined here).

  • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on My Body Funding’s hosting of that Content.

  • You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If My Body Funding or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this 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.

  • You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated.

  • We’re not responsible for mistakes in your Content. My Body Funding will not be liable for any errors or omissions in any Content.

 
10. My Body Funding’s Intellectual Property

 

The content on My Body Funding is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.

My Body Funding’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

My Body Funding grants you a license to reproduce content from the Services for personal use only. This license covers both My Body Funding’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from My Body Funding or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

11. How We Deal with Copyright Issues

 

We comply with the Benelux Office for Intellectual Property (BOIP). To learn more about how we deal with claims of copyright infringement, read our Copyright Policy.

The Benelux Office for Intellectual Property lays out a system of legal requirements for dealing with allegations of copyright infringement. My Body Funding complies with the BOIP, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. 

If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:
 

MY BODY GROUP
Attn: Copyright Agent

555 Keizersgracht, 1017 DR,

Amsterdam, Netherlands
copyright@mybodyfunding.com

 
12. Deleting Your Account

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.

 

You can contact us at support@mybodyfunding.com for additional information or to request project page deletion (this is not available in all circumstances).

13. Our Rights

 

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.

To protect the health and integrity of our system and to help ensure that creators and backers enjoy a safe and secure environment, My Body Funding reserves these rights:

  • We can make changes to the My Body Funding Site and Services without notice or liability.

  • We have the right to decide who’s eligible to use My Body Funding. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the Site, like our Community Guidelines —we may cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use My Body Funding in that jurisdiction.

  • We have the right to cancel any pledge to any project, at any time and for any reason.

  • We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

 

My Body Funding is not liable for any damages as a result of any of these actions.

It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety.

 

For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.

14. Warranty Disclaimer

 

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

MY BODY FUNDING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MY BODY FUNDING SHALL CREATE ANY WARRANTY.

15. Indemnification

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of My Body Funding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

16. Limitation of Liability

 

If something bad happens as a result of your using My Body Funding, we’re not liable (beyond a small amount).

To the fullest extent permitted by law, in no event will My Body Funding, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall My Body Funding’s liability for direct damages be in excess of (in the aggregate) one hundred € euros (€100.00).

17. Dispute Resolution and Governing Law

 

We’re located in Amsterdam and any disputes with us have to be handled in Amsterdam under Netherlands law.

We at My Body Funding encourage you to contact us if you’re having an issue before resorting to the courts. Our My Body Funding support team is on hand and ready to answer your questions. You can visit our Help Center to information that may resolve your issue. If you still have questions, you can directly “Contact us” or via the Help Center or email support@mybodyfunding.com so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.

If you’re a creator based in the European Union and, after contacting us through those channels, you still don’t feel as if your issue has been resolved, we may agree with you to engage in mediation to resolve any complaints in good faith. You may address your complaint with one of these two mediation organizations in United Kingdom :

 

In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law.

 

You agree that My Body Funding and its Services are deemed a passive website that does not give rise to jurisdiction over My Body Funding or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the Netherlands. 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 My Body Funding, shall be filed in Amsterdam in Netherlands, and you hereby consent and submit to the personal jurisdiction of these 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.

18. The Rest

These Terms and the other material referenced in them are the entire agreement between you and My Body Funding with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and My Body Funding with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or My Body Funding to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get My Body Funding’s prior written consent. My Body Funding has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. My Body Funding will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

Welcome
Bad Behaviors
Creating Account
How Projects Work
How Funding Works
Out Of Our Responsability
Our Fees
Other Websites
Your Intellectual Property
My BF's Intellectual Property
Copyright Issues
Deleting Your Account
Our Rights
Warranty Disclaimer
Indemnification
Limitation Of Liability
Dispute Resolution
The Rest
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