Terms

Terms and Conditions

Please read these Terms and Conditions (the "Agreement" or "Terms of Use") carefully before using the services offered by FASMICRO (the "Company"). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.StartCrunch.com, and all subdomains (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

Summary of Service
 
StartCrunch is a platform where project creators start campaigns for people to back them for perks. It is also a site where people come to support and back projects they like. This is a crowdfunding site that covers many project categories.

Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Backers, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.

Acceptance of Terms
 
The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available at http://startcrunch.com/home/content/privacy/13, and all other operating rules, policies, and procedures that may be published on the Site by the Institution, which are incorporated by reference. These Terms of Use apply to every user of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Institution. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Institution reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Institution may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Institution reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Institution may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

Rules and Conduct
 
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

§ infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
§ you know is false, misleading, or inaccurate;
§ is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
§ constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
§ contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Institution or any third party;
§ is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
§ impersonates any person or entity, including any employee or representative of the Institution .

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Institution in its sole discretion) an unreasonable or disproportionately large load on the Institution’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Institution may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

Project Creators agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project.

Registration
 
You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Institution and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Institution reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

Fundraising
 
StartCrunch is a platform where Project Creators run campaigns and others back them.

By backing a fundraising campaign on StartCrunch, you as the Backer accept that offer and the contract between Backer and the Company is formed. 

By backing or creating a fundraising campaign on StartCrunch, you agree to be bound by this entire Agreement, including the following terms:

§ Backers agree to provide their payment information at the time they pledge to a campaign. The payment will be collected before, at or after the campaign deadline irrespective if the amount of money pledged as of the deadline meets the fundraising goal. The amount Backers pledge is the amount they will be charged.
§ Backers consent to StartCrunch and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
§ Backers agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
§ The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Institution hopes to fulfill by. The Institution will make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
§ For all campaigns, StartCrunch gives to the Project Creator each Backer’s User ID and pledge amount. For successful campaigns, StartCrunch additionally gives to the Project Creator each Backer’s name and email. This is necessary as some are in their networks and they may want to thank them. StartCrunch never shares backers’ credit cards or bank information with Project Creators.
§ For some rewards, the Project Creator/Institution needs further information from Backers, such as a mailing address or t-shirt size, to enable the duo to deliver the rewards.  To receive the reward, Backers agree to provide the requested information to the Project Creator within a reasonable amount of time.

StartCrunch is not liable for any damages or loss incurred related to rewards or any other use of the Service. You release StartCrunch, its officers, employees, agents, and successors in rights 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 disputes and the Service.

Fees and Payments
 
Joining StartCrunch is free. Funds pledged by Backers are collected by Paypal or other parties. StartCrunch is not responsible for the performance of these services.

Third-Party Sites
 
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Institution's control, and you acknowledge that the Institution is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Institution. You further acknowledge and agree that the Institution shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Content and License
 
You agree that the Service contains Content provided by the Institution and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
 
Intellectual Property
 
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:

§ The Institution will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Institution the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Institution’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
§ You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
§ You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
§ You further agree that your User Submissions 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 StartCrunch all of the license rights granted herein.
§ You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Institution’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.
§ The use or other exploitation of User Submissions by the Institution and Users as contemplated by this Agreement 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.
§ The Institution shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
§ All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
§ The Institution will not be liable for any errors or omissions in any Content.
§ The Institution cannot guarantee the identity of any other Users with whom you may interact while using the Service.

In accordance with the Digital Millennium Copyright Act, StartCrunch has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. StartCrunch also may terminate User accounts even based on a single infringement.

Copyright Notifications
 
StartCrunch will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify StartCrunch at info@StartCrunch.com.
 
Termination
 
The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Institution are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification
 
You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives 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, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

Limitation of Liability
 
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

International
 
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Electronic Delivery, Notice Policy, and Your Consent
 
By using the Services, you consent to receive from StartCrunch all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. StartCrunch may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

Governing Law
 
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Nevada/United States, and Federal Republic of Nigeria based on the campaign origin without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. 

Integration and Severability
 
These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous
 
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Created: May 2013