PLEASE READ THESE TERMS AND CONDITIONS (HERETO REFERRED AS “TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY ECOFUND. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF ECOFUND’S WEB SITE www.ecofund.org (THE “PLATFORM”) AND THE SERVICE OWNED AND OPERATED BY ECOFUND (COLLECTIVELY WITH THE PLATFORM, THE “SERVICE”). BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. THE TERMS APPLY TO ALL USERS OF THE SERVICE; INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE PLATFORM.
Ecofund is a nonprofit association (eingetragener Verein e.V.) registered at Amtsgericht Karlruhe in Germany.
The platform is Ecofund’s website www.ecofund.org made available by Ecofund in order to facilitate communication between Champions and Ecofund’s community as well as donations to projects financed by Ecofund.
Champion is the local person or association who owns the ecoproject, i.e. the one who initiated and will implement it.
Ecoproject is an Ecofund assisted project aimed at producing a positive impact on our ecosystem. Ecoprojects are classified into categories.
Ecopartner is an Ecofund approved organization or individual(s) who are backing the ecoproject. They build a partnership with the champion and monitor the project for Ecofund. Ecopartners are recognized for their professional knowhow and track record of management of (eco)projects.
Backer is a user of the Platform, who funds an ecoproject. Ecofund’s community are champions, ecopartners, and last but not least backers, like you, around the world.
Content includes, but is not limited to, the content on the Platform and any User Submissions such as videos, audio clips, written comments, information, data, text, photographs, scripts, graphics, provided, or otherwise made accessible by Ecofund or by its partners on or through the Service.
Screen name is the first name entered while registering and which will be used for identification when you post a comment on the Platform. You may at any time change your Username in your profile section.
Deadline is the maximum time an ecoproject is published for fund raising on the Platform.
Acceptance of Terms
The Service is available only to individuals who are at least 18 years old. You certify that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Ecofund may, at its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is invalid where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms
Ecofund reserves the right, at its sole discretion, to modify or replace any of the Terms, or change, suspend, or discontinue the Service (including, but not limited to , the availability of any feature, database, or content) at any time by announcing such changes by the below effective date. Ecofund may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your sole responsibility to check the Terms for changes.
You agree to review the Terms periodically to ensure you are aware of any changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes and an agreement to be legally bound by the Terms as updated and/or amended.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms. The Service including, but not limited to, any Content or User Submissions (both as defined above) is provided only for your own personal, non-commercial use.
You are responsible for all of your activity in connection with the Service. By way of example, but not limited to, you shall not and shall not permit any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any user submission, that:
• Violates copyright or any law or contractual duty;
• You know is false, misleading, untruthful or inaccurate;
• Is abusive, defamatory, obscene, offensive, or profane and invasive of another’s privacy;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• 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 the platform or obtain unauthorized access to any system, data, password or other information of Ecofund or any third party;
• Criticizes, harasses or abuses any person or entity, including any employee or representative of Ecofund. Additionally, you shall not take any action that may:
• impose (as determined by Ecofund at its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure;
• interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
• bypass any measures Ecofund may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
• run Mail list, any form of auto-responder or «spam» on the Service;
• use manual or automated software, devices, or other processes to «crawl» or «spider» any page of the Platform. You shall not (directly or indirectly):
• 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 limited extent that applicable laws specifically prohibit such restriction;
• modify, translate, or otherwise create derivative works of any part of the Service;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, national and international laws and regulations. Ecofund does not guarantee that any Content or user submissions (as defined above) will be made available on the Platform or through the Service. Ecofund has no obligation to monitor the Platform, Service, Content, or User Submissions. However, Ecofund reserves the right to
(i) remove, edit or modify any Content at its sole discretion, including without limitation any user submissions, from the Platform or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Ecofund is concerned that you may have violated the Terms), or for no reason at all and
(ii) to remove or block any User Submissions from the Service.
Registeration on the Platform is free of charge.
You may browse the Platform and view Content without registering, but as a condition to using certain aspects of the Service, in particular donations, you will be required to register with Ecofund and select a password and screen name («Username»). You shall provide Ecofund with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Ecofund account.
You shall not:
• select or use as a Username a name of another person with the intent to impersonate that person;
• use as a Username a name subject to any rights of a person other than you without appropriate authorization;
• use as a Username a name that is otherwise offensive, vulgar or obscene.
Ecofund reserves the right to refuse registration of a registrant, or cancel a user account at its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Ecofund password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Ecofund in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Ecofund welcomes its users’ active participation to the Platform. In the event that your account shows no activity for an extended period of time, Ecofund reserves the right to terminate and delete your account.
Fund-Raising and Disbursement
Ecofund, in collaboration with its ecopartners, selects and assists ecoprojects according to the guidelines posted on the Platform. Selected ecoprojects are published on the Platform. The Platform facilitates Ecofund the fund raising from “Backers” of the ecoprojects. For each individual ecoproject, Ecofund fixes a deadline. Ecofund reserves the right to prolong the deadline subject to a successful evaluation by Ecofund of the ecoproject against criteria such as remaining funding gap, Backers’ interest (clicks) and ecoproject feasibility.
All funds donated are collected by PayPal and transferred to Ecofund’s PayPal account. Ecofund shall not be liable for your interactions with PayPal. Ecofund makes no guarantees regarding the performance or fairness of PayPal. Additionally, because of occasional failures of PayPal payments, Ecofund cannot guarantee the full receipt of the donated funds.
For each ecoproject, Ecofund aggregates all individual donations until the ecoproject’s target amount is fully funded. Ecofund then uses your donated funds to finance the ecoproject based on milestones agreed with the champion and his local ecopartner. All ecoprojects and ecopartners are thoroughly evaluated and selected by Ecofund. Ecofund employs its entire means to oversee the performance and punctuality of ecoprojects. However, Ecofund shall not be liable for actions of a champion or an ecopartner found on or funded through the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with the Services. Ecofund is not responsible for any damage or loss incurred as a result of any such dealings. Ecofund is under no obligation to become involved in disputes between Backers and Champions, or between Platform users and any third party. In the event of a dispute, you release Ecofund, 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 such disputes and our service. Though Ecofund cannot be held liable for the actions of a Champion or Ecopartner, Champions and Ecopartners are nevertheless wholly responsible for fulfilling obligations both implied and stated in any ecoproject listing published or posted on the Platform.
Ecofund reserves the right to cancel, interrupt or suspend a listing of or its financial support to an ecoproject at any time when it becomes unfeasible or for reasons such as political or natural disaster or any other reason without refunding all associated users’ donations. When you donate funds to Ecofund for a specific ecoproject, we consider you support Ecofund’s work at the whole, and thus you approve of and support all featured projects with a preference for a specific one. If your preferred project is canceled, Ecofund will dispatch your donation to the other featured projects, which haven’t yet reached their deadlines.
Ecofund is a nonprofit tax exempted Association based in Germany. Donations to Ecofund are therefore tax exempted for European donors. The Donation receipt will be issued only for donations exceeding EUR 200 and after Ecofund’s bank or PayPal account has been credited. Donation receipts will be issued retrospectively at the end of each calendar year. Ecofund does not guarantee the applicability of tax privilege of the Donation.
Ecoproject’s Costs and Transaction Fees
Ecoproject target amount - as featured on the Platform – includes the costs of all items and actions needed to successfully implement the ecoproject. Furthermore, they include transaction costs related directly to the Ecoproject such as, but not limited to, communication, PayPal fees and bank transfer costs. Consequently, you agree that up to 15% of your donated funds serve to cover Ecoproject’s transaction costs as described above.
Ecofund’s overall management and development costs include the costs of maintenance and further development of the Platform. Furthermore, they also include costs for external services and costs for communication and administration. Ecofund’s management and development costs are met by the benevolent work of the Ecofund team, financial contribution of associates, voluntary donations, and sponsors. We therefore welcome your donations to Ecofund.
Third Party Site
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 Platform. When you access third party websites, you do so at your own risk. These other websites are not under Ecofund’s control, and you acknowledge that Ecofund is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Ecofund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Content and License
Ecofund respects the intellectual property of others, and we ask our users to do the same. Ecofund may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe on the intellectual property rights of others. Ecofund will remove infringing materials in accordance with the Copyright Law of the European Union if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ecofund with a written notification. You acknowledge that if you fail to properly notify, your notification or counter-notification may not be valid and that Ecofund may ignore an incomplete or inaccurate notices without liability of any kind. Please email Ecofund any infringement notifications or counter-notifications at firstname.lastname@example.org
Intellectual Property Rights
The Service provides you with the ability to publish your content on the Platform. Ecofund will not have any ownership rights in your content, however, Ecofund needs the following license to perform the Service. You hereby grant to Ecofund the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to):
• use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit («Host») the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text («Artworks») in connection with the Service);
• (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks;
• use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service. You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to the Service or the Ecofund’s Hosting of the content as contemplated by these Terms. To enable Ecofund to Host your content pursuant to the above provisions, you hereby grant to Ecofund the worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the «Trademarks») solely in connection with the Service.
These Terms shall be governed by and construed in accordance with the German laws.
Effective Date: July 1, 2011