1.1 Welcome to Peoplefund.it (“Peoplefund.it”). Peoplefund.it is operated and owned by KEO Films.com Ltd (“we”, “us” or “our” as appropriate). We may make Peoplefund.it available through a number of channels. It is currently available through the website at www.Peoplefund.it.
1.3 If you do not want to be bound by these Terms please do not access, use and/or contribute to Peoplefund.it or interact with any registered users of Peoplefund.it (“Community Members”).
1.4 We may change these Terms from time to time. Any changes will take effect seven (7) days after the date of our e-mail to you notifying you of a change or the date on which we post the modified terms on Peoplefund.it, whichever is the earlier. Your continued use of Peoplefund.it after these Terms have been changed will be treated as acceptance by you of the updated or amended Terms. If you do not agree to the changes, you must cease using Peoplefund.it.
What we do
2.1 Peoplefund.it provides a platform through which Community Members can become ‘Supporters’ of projects (posted by ‘Project creators’) by funding them, or contributing their time or skills. The Project creators offer unique rewards in exchange for this support. In addition, the platform also provides you with a fantastic opportunity to build a community around your project, promoting it on the platform and on linked social media sites, to your friends, family and supporters.
What we don’t do
2.2 We do not verify the identity of anyone who becomes a member with Peoplefund.it nor the information they provide about their project or themselves. We cannot therefore give any guarantee that any of the Community Members are who they say or that the information they provide is accurate, complete or true. We therefore make no recommendation in relation to any Community Members or their projects.
2.3 We do not have any involvement in the activities of Community Members nor in any arrangements you make with others through Peoplefund.it. We therefore do not accept any responsibility for the nature or quality of the performance of a project, nor that any Community Member will do what they promise to do. The activities and arrangements you make are solely private and made directly between the individuals concerned. Accordingly, when using Peoplefund.it, you take full responsibility for your arrangements with other Community Members whom you contact and the nature, terms and extent of your arrangement with them.
3.1 You are free to browse Peoplefund.it without creating an account. However, in order to obtain the full benefit of Peoplefund.it’s features and interact with Community Members you must register and become a Community Member.
3.2 You must be 18 years of age or older to create an account with Peoplefund.it and there must be no reason why you should not be in contact with any other Community Member.
3.3 When you create an account with us you will be asked to “accept” the Terms and, on doing so, you will be deemed to have consented to and will be bound by these Terms.
3.4 Alternatively, you can skip the standard registration process and create an account with us in either one of the following ways:
3.4.1 by logging in, using the username and password you have set up with energyshare or another service that may be affiliated to Peoplefund.it in the future (our “Sister Services”); or
3.4.2 by linking to your Facebook account using the ‘Facebook Connect’ facility.
By signing in to Peoplefund.it using your login details from our Sister Services, Facebook Connect or any other third party authentication facility (e.g. an Open ID) you are agreeing to be bound by these Terms.
4.1 You must ensure that all the information you provide when you register as a Community Member is true, accurate, current and complete in all respects.
4.2 You must notify us immediately of any change to any of the information you have previously given us by updating your information in your profile page of Peoplefund.it.
4.3 If you are joining Peoplefund.it your registration is for your personal use only.
4.4 Please do not share your registration details with any other person as you will be held responsible for all activities that occur under your password or account with or without your knowledge. By registering on Peoplefund.it, you confirm that you will treat your login details as confidential. If you have any concerns regarding your login details or become aware of any misuse then you must inform us immediately by contacting us at firstname.lastname@example.org
If a Supporter elects to support a project financially, he/she will be led directly to GoCardless to arrange for payment of amount of his/her pledge. Please see [GoCardless term and conditions] for the terms and conditions that will apply to that pledge.
5.1 Essentially, the Supporter will be asked to set up a direct debit mandate from his/her account. If a project achieves 100% of its funding target within the funding timescale, GoCardless will debit an amount equivalent to the Supporter’s pledge and release those funds to the Project Creator. If 100% of the target funding is not achieved within that timescale no funds will be taken from Supporters in respect of that project.
5.2 Please be aware that we do not at any time receive or hold any monies that are contributed by Supporters to a project. We are not therefore responsible for any transaction involving a contribution of funds, nor the issue of refunds.
5.3 Where a Supporter elects to support a Project by offering his time or skills to the Project creator, the Supporter and Project creator take full responsibility for making all their arrangements in relation to the provision of that time and any associated services.
5.4 The Project creator agrees to use all funding raised for his/her project only in respect of the project and that such funding will not be used for any other purpose.
5.5 If you choose to support a project, you acknowledge that your contribution (whether financial or otherwise) does not entitle you to any rights in or to that project, including without limitation any ownership, control, or intellectual property rights.
6.1 Project creators offer rewards (e.g. products, services, experiences) to their Supporters, in exchange for their support. Project creators agree that such rewards will be non-monetary and will not breach any applicable laws.
6.2 If a project has been successfully funded, the Project creator takes full responsibility for fulfilling all obligations he/she undertakes in respect of his/her project, including arranging for and delivering any agreed rewards within any agreed timeframe.
7.1 Registering an account with Peoplefund.it. is free. However, we and GoCardless do charge fees to Project creators if they are successful in reaching their target funding within their target timescale. These fees are collected by GoCardless and are deducted from the total funds that are payable to a Project creator. The remainder of funds is then paid out by GoCardless to the Project creator. Our fees amount to 5% of each contribution made by a Supporter. GoCardless’s fees amount to 3%of each contribution made by a Supporter. So, in total, both our fees and GoCardless’s fees amount to 8% of each contribution made by a Supporter.
7.2 You are responsible for paying all fees and applicable taxes associated with your use of Peoplefund.it. In the event we remove your Project from Peoplefund.it as a result of your breach of these Terms, all fees paid will be non-refundable.
8.1 Referral partners can be used on any project at time of submission
8.2 Unique referral number must be given at time of project submission and cannot be added retrospectively
8.3 There are no limits to the amount of projects that can be attached to one referral number.
8.4 Projects must be 100+% successful before any referral fees can be paid out.
8.5 Referral fees are 50% of the fees charged to project owners, not including the transaction charges.
8.6 Referral partners must make Peoplefund.it aware that they are owed money by contacting them via email (email@example.com)
8.7 Referral fees will be paid by direct bank transfer or cheque, this is left to Peoplefund.it's discretion. Payment will take a maximum of two weeks after notification via email (firstname.lastname@example.org).
8.8 Referral partners may be used as case studies in the future, by signing up you consent to this.
9.1 Obviously we positively encourage Community Members to make full use of Peoplefund.it. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the rules set out below:
9.1.1 You agree to ensure that:
9.1.2 You may not:
10.1 Any content which you and other users post or contribute to Peoplefund.it, including any Project content, and comments posted by users in connection with Projects is generally known as “user generated content” or “UGC” for short. The following provisions sets out how we and other users may use your UGC and how you can use their UGC
10.2 Any content which you and other users post or contribute to Peoplefund.it, including any Project content, and comments posted by users in connection with Projects is generally known as “user generated content” or “UGC” for short. The following provisions sets out how we and other users may use your UGC and how you can use their UGC.
10.3 You retain all your rights of ownership (including intellectual property rights) in the UGC you post to Peoplefund.it, but by uploading it, you are giving a warranty to us and to other users that:
Who can use your UGC and how they can use it
10.4 When you contribute UGC to Peoplefund.it you are granting:
all in connection with the promotion of your UGC and the provision of Peoplefund.it,
Your permitted use of UGC posted on Peoplefund.it
10.5 You are free to:
11.1 Our content includes any information or other material found on Peoplefund.it, including databases, graphics, software, trademarks and all other features of Peoplefund.it, though not UGC
11.2 We make certain of our content available for your use under a creative commons licence. This content is identified by the following logo:. If the content is not marked with this logo, then it is made available on our standard licensing terms below.
Our content which is available under a Creative Commons licence
You should read the licence in full to understand its terms, but in short if our content is identified by a creative commons logo, then you are free:
Our content –standard licensing
11.3 If any of our content is not identified by the Creative Commons logo, you are free to download any individual page of that content onto one computer hard drive or, print only one copy of such page or view any video or images provided you keep intact all and any copyright and proprietary notices and do not edit the same. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
11.4 The trade mark, ‘Peoplefund.it’ together with the logo ‘Peoplefund.it’ and the trademarks of energyshare are owned by us or our licensors. No permission is given in respect of the use of any of these brands or marks and any such use may constitute an infringement of the holder’s rights.
12.1 We do not monitor the use of the Peoplefund.it, internal communications between Community Members nor content uploaded by them, so we do rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Peoplefund.it please contact us at email@example.com
12.2 We reserve the right (but we are not obliged) to do any or all of the following:
12.2.1 record the content (including any communications) posted via Peoplefund.it or in our communication systems;
12.2.2 investigate a claim that any one or more items of content do not conform to the Terms and remove or request the removal of the content;
12.2.3 remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms;
12.2.4 terminate a user's access to post content, to list a Project or to the Peoplefund.it community;
12.2.5 monitor, edit, or disclose any content;
12.2.6 edit or remove any content posted on Peoplefund.it, regardless of whether such content breaches these Terms;
12.2.7 suspend or terminate your access to Peoplefund.it.
12.3 If you disagree with a decision made by us, you should e-mail your appeal to firstname.lastname@example.org. You must not use any community facilities to dispute or argue about any decision we make.
12.4 Any decision we make to remove or request the removal of any content or to terminate or suspend the account of any Community Member shall be final and binding. The termination or suspension of an account shall apply to any and all user accounts that may have been used by that individual whether or not opened by that individual
14.1 You acknowledge that Peoplefund.it may include links to third party websites. We do not review these third party websites nor have any control over them and we are not responsible for these websites or their content or availability.
14.2 We do not therefore endorse or make any representations about them, or any content found there, or any results that may be obtained from using them.
14.3 If you decide to access any of these third party websites, you do so entirely at your own risk.
14.5 You may link to Peoplefund.it, provided:
14.6 We reserve the right to withdraw linking permission at any time without prior notice.
15.1 You acknowledge that you may need to download and activate certain software in order to use certain content provided on Peoplefund.it. This software will be clearly identified on Peoplefund.it.
15.2 In order to use such third party software or technology you will have to explicitly accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.
16.1 Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence, or for any other liability that cannot be limited or excluded by law.
16.2 We promise that we will operate Peoplefund.it with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. Due to the risks inherent in all connections and transfers via the Internet, we do not make any promises about the availability of Peoplefund.it or any services made available through it. In particular we disclaim any liability in connection with any technical problems you may experience with Peoplefund.it which may result in interruptions to Peoplefund.it or the service it delivers, or any bugs or viruses in Peoplefund.it, the server that makes Peoplefund.it available or the content made available through Peoplefund.it. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through Peoplefund.it are free from such contaminations or other harmful properties.
16.3 We do not review project listings, profiles, or any posted links nor are we involved in any arrangements made between users. The listing of projects on Peoplefund.it and the uploading of information relevant to those projects by Community Members do not constitute any form of recommendation, representation, endorsement or arrangement by us.
16.4 Any information posted via the functionality available on Peoplefund.it is the opinion of the person posting only. As such you accept that if you do rely on the information posted, you do so at your own risk.
16.5 You will not hold us responsible for any loss you may incur as a result of us taking any of the actions described in paragraph 11 (Misuse of Peoplefund.it) of these Terms nor for other users' or Peoplefund.it Community Members’ actions or inactions, including breach of these Terms.
16.6 Occasionally we are unable to perform our obligations under these terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism, war, power failure or failure of telecommunications lines, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms.
16.7 WE WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE FOR: (I) ANY LOSS OF BUSINESS, BARGAIN, DATA, PROFIT, GOODWILL, REPUTATION, OPPORTUNITY OR ANY OTHER INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS IN CONSEQUENCE OF ANY BREACH OF THESE TERMS; or (II) ANY DIRECT LOSS, IN EXCESS OF THE TOTAL AMOUNT OF FEES YOU PAID TO US UNDER THESE TERMS IN THE CALENDAR YEAR IN WHICH THE CLAIM IS MADE WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS,OR IF NO FEES WERE PAID, £100 PER CLAIM OR SERIES OF CLAIMS ARISING FROM ONE INCIDENT.
17.1 You agree to only use Peoplefund.it in accordance with these terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of: (i) any breach by you of these Terms; (ii) any breach by you of any laws; and (iii) any liability we incur as a result of your use of Peoplefund.it and/or any other service we provide by any other person using your log in details.
18.1 If you have any complaints, please contact us via e-mail or by post at 101 St John St London EC1M 4AS and we will try to resolve them.
19.1 Any arrangements you make with Community Members via Peoplefund.it are solely private matters, between the individuals concerned. We therefore do not become involved in disputes between Community Members. We will of course co-operate fully with any law enforcement authorities in any investigations arising out of your dispute and provide them with any information we are required to.
20.1 If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these terms shall not be affected and shall remain in force.
20.2 These Terms govern our relationship with you and represent our entire agreement with you.
20.3 This agreement is personal to you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
20.4 If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
Exclusion of third party rights
20.5 These Terms do not create any right enforceable by any person who is not a party to this agreement.
21.1 This agreement between us will be concluded in English. Any disputes or claims between us arising out of or in connection with the agreement are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with this agreement, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have exclusive jurisdiction to deal with such dispute. Nothing in this paragraph shall deprive you of any right you have as a consumer to bring proceedings in another legal jurisdiction.
Peoplefund.it is owned by KEO Films.com Limited. You can contact us at:
101 St John St, London, EC1M 4AS or email.
KEO Films.com Limited is registered as a company in England and Wales. Its company number is 3138064 and VAT registration number is 927579377.
Posted: [27 - October - 2011]