Terms of Service
1. Effective Date 11/8/2022
2. Applicability and Scope
These Terms of Service are the only terms that govern the provision of services and use of our platform between you and MyCraft Business Solutions LLC (“Company,” “we,” or “us”).
The following terms, along with any documents, policies, or agreements expressly incorporated into these terms, constitute the “Terms” that will govern the provision of services and use of our platform, including any content, functionality, and services (our “Service”) offered on or through platforms including our website and application, or any subdomain of our website or application (the "Platform"). These Terms supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, whether written or oral, between you and us.
These Terms apply to you whether you are a guest or a registered user.
3. Acceptance of Terms
4. Changes to These Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective as of the Effective Date above and will apply to all access to and use of our Platform thereafter.
Your selecting “Accept” or “Agree” to a change in our Terms following the posting of the revised Terms means that you have read and agree to the changes. These Terms are binding upon you, and you are expected to check this page periodically to be aware of any changes to these Terms.
5. Age Restriction
This Platform is offered and available to users who are at least 16 years of age or older. By using our Platform, you represent that you meet all of the foregoing eligibility requirements. If you do not meet all of our eligibility requirements, you must not access or use our Platform.
6. Relationship of Parties and Third Parties
We are providing our Service and our Platform as an independent contractor purveying a service. Nothing contained in these Terms should be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party has the authority to contract for or bind the other in any manner for any reason whatsoever. Your use of our Platform to facilitate the performance of a service contract does not make us a party to the contract, and we are not responsible for the performance of duties or obligations under the service contract.
These Terms are for the sole benefit of you and the Company, and our respective successors and assigns. Nothing herein is intended to or shall confer upon any other party any legal or equitable right, benefit, or remedy of any nature.
We will use commercially reasonable efforts to meet any performance, completion, delivery, or release dates.
However, any such date is only an estimate. Delays may occur for transactional or technical reasons. We will do our best to notify the parties to the transaction of any delays in the performance of the transaction. We do not warrant against the date of completion of the transaction. We are not responsible for any expenses incurred as a result of any delay in performance.
8. Accessing the Website and Our Security
We reserve the right to withdraw or amend these Terms, our application, website, Service, material, or content we provide on our Platform, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of our Platform is unavailable at any time or for any period. We may periodically restrict access to some parts or the entirety of our Platform to users, including registered users and guests.
You are responsible for both:
a. Making all arrangements necessary for you to have access to our Platform, including maintaining a valid account with up-to-date payment information.
b. Ensuring that all persons who access our Platform, including our website, application, or Service through your internet connection, are aware of these Terms and comply with them.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and you agree not to provide any other person with access to our Platform or any portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
9. Your Obligations
You agree to at all times:
a. Comply with our policies and guidelines.
b. Respond promptly to any of our requests for you to provide instruction, information, approvals, authorizations, or decisions that are necessary for us to perform the Services in accordance with these Terms.
c. Provide such materials or information that we or any other party involved in a transaction may request to carry out the Services in a timely manner and ensure that such materials or information are complete and accurate in all material respects.
d. Timely obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services so that timing of performance is not affected.
If our performance is prevented or delayed because of an act or omission of your doing, or if your failure to comply with these Terms causes a delay in performance, we will not be deemed to be in breach of our obligations under the agreement. We will not be liable for any costs, charges, expenses, or losses sustained or incurred by you, in each case, to the extent that the costs, charges, expenses, or losses arose directly or indirectly from such prevention or delay.
10. Prohibited Uses
You agree that you will only use our Platform for lawful purposes in accordance with all applicable laws, rules, regulations, and these Terms. The following is a non-exhaustive list of prohibited activities that you agree not to engage in:
a. Violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding money laundering or the export of data or software to and from the US or other countries).
b. Exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. Sending, knowingly receiving, uploading, downloading, using, or re-using any material which does not comply with the Content Standards set out in these Terms.
d. Transmitting any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
e. Impersonating or attempting to impersonate the Company or its subsidiary or division, a Company employee or representative, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
f. Misrepresenting your identity or affiliation with any person or entity.
g. Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of our Platform, or which, as determined by us, may harm the Company or users of our Platform, or expose them to liability.
h. Using our Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Platform.
i. Using any automatic device, process, or means to access our Platform for any purpose, including monitoring or copying any of the materials on our Platform.
j. Using any manual process to monitor or copy any of the material on our Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
k. Using any device, software, or routine that interferes with the proper working of our Platform.
l. Introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
m. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform.
n. Attacking our Platform via a denial-of-service attack or a distributed denial-of-service attack.
o. Otherwise attempting to interfere with the proper working of our Platform.
11. User Contributions
Our Platform limits users’ abilities to contribute to any public portion of our Platform. However, there may be opportunities where users transmit communications with parties to their transactions and upload photographs or videos, which are transmitted and displayed to parties involved in their transactions (“User Contributions”).
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution posted to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Platform, you grant us and our affiliates and service providers and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purposes set out Section 13 herein.
You state that:
a. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
b. All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
12. Content Standards
These content standards apply to any and all User Contributions. User Contributions must in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
c. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or legal entity.
e. Be likely to deceive any person.
f. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
g. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
h. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
i. Involve activities constituting a contest, sweepstakes, or lottery.
j. Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
13. Monitoring and Enforcement
We have the right to:
a. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of our Platform or the public or could create liability for the Company.
b. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
c. Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of our Platform.
d. Terminate or suspend your access to all or part of our Platform for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials or engaging in any transactions on or through our Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review user material posted on our Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Platform user. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
14. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information posted by us, our affiliates, or users of our Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other guest to our Platform, or by anyone who may be informed of any of its contents.
15. Our Intellectual Property
Our Platform and its entire contents, features, and functionality, including but not limited to all logos, graphics, data, information, software, text, displays, images, video and audio, and the design, selection, and arrangement or derivations thereof, as well as any documents or work product and other material delivered to you by us in the course of performance (the “IP”), except for your confidential information, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. We hereby grant you a license to use our IP free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, and royalty-free basis, solely to the extent necessary to enable you to make reasonable use of our Platform.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
c. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, pursuant to these Terms or any other end user license agreements.
d. If we provide social media features with certain content, you may take such actions as are enabled by such features.
e. You may print copies of the screen contents provided to you on our Platform, for your own personal and non-commercial use. You may only use the printed material in a manner conducive to the license granted herein. Any other such use may be deemed an infringement of our IP and a violation of these Terms.
You must not:
a. Modify copies of any materials from our Platform.
b. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Platform.
If you wish to make any use of material on our Platform other than that set out in this section, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Platform or any content on our Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
If you are aware of a potential infringement of our intellectual property, please contact email@example.com.
16. Intellectual Property of Others
We respect the intellectual property rights of others. It is our policy to respond to any claims of infringement on our Platform of the copyright, trademark, or other intellectual property rights of any person or entity and cease such infringing use. We will terminate the user accounts of repeat infringers.
If you believe in good faith that your intellectual property rights have been infringed upon, you or your agent may send us written notice of such infringement. Your notice to us must include the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the interest of the owner of the intellectual property rights;
b. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
c. Your name, email, address, and telephone number; and
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.
Please note that we may not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad-faith claims regarding the infringement of your intellectual property rights.
You may submit your claim to us by contacting us at: firstname.lastname@example.org.
17. Linking to the Website and Social Media
You may not link to our Platform in any way that would establish or suggest any form of association, approval, or endorsement on our part, if in fact it is not true. You may not establish a link from any website, whether owned by you or not. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
18. Links From the Website
Our Platform facilitates transactions whereby money is held by a third-party payment processor service provider. To initiate a transaction on our Platform, you must first create a user account with our Platform. “Contractors” are the beneficiary parties to the project payments and may create a “Project” on the Platform. The “Client” is the initial depositor of the Project funds and can approve a pending Project on our Platform. By approving the Project, the Client accepts the offer of MyCraft’s Services set by the Contractor, agrees to the terms of the Project, and agrees to deposit the entire amount of requested funds at the intervals reflected in the Project. Any changes to the terms of the Project after approval must be made by a change order as described in Section 20 of these Terms.
Upon approval of the Project, the depositor of funds will be redirected to the third-party payment processor’s platform to complete the transaction by depositing the Project funds to be held by the third-party payment processor. The third-party payment processor will hold the Project funds until our Platform initiates the release of the funds. Our Platform will only initiate the release of Project funds following a request for release by the requesting party and affirmative authorization by the authorizing party for the release of such funds. However, if the authorizing party does not give affirmative authorization for the release of funds or notification of dispute in accordance with Section 21 of these Terms within 14 calendar days of the release request, the funds will be considered approved for release to the requesting party.
We institute a fee for each transaction at the then-applicable rate. For more information regarding our rate, please see our Frequently Asked Questions page. Our fee will be attributed and calculated based on the total Project value. Quoted fees and rates are subject to change without notice. Unless agreed to otherwise, a fee change will only affect contracts entered into after the change. We may accept or reject any transaction at our sole discretion. We reserve the right to discontinue the offering of our Service at any time.
Any amounts funded by the Client, except for processing fees, will be refunded to the Client in its entirety if a refund event occurs. Refund events include 1) the cancelation of a fully or partially funded Project, whether the cancelation occurs before an approved funding release or not, 2) a negative change order agreed to by the parties in accordance with these Terms, 3) the return of funds due to the accidental funding of a Project, and 4) any other event we determine in our sole discretion to be a refund event.
In consideration of the provision of our Platform and the rights granted to you under this agreement, you shall pay all fees, expenses, and taxes set forth on our Platform or invoiced to you. You are responsible for paying all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you hereunder.
20. Change Orders
If either party wishes to change the Project value or payment terms of the Project, it must submit details of the requested change to the other party in writing by submitting a change order on our Platform. The party receiving the change order request may choose to accept the change order or request a revision of the change order. If the change order is accepted, the terms of the Project are amended to reflect the effect of the change order on the Project. By requesting a change order and accepting the change order, both the Contractor and Client agree to the amendment of the terms of the Project. By proposing and accepting the change order, the parties agree to deposit or return the funds as represented in the change order. Our fees will also be applied to the change order value.
After the funds have been deposited via our Platform and if the Project has not been completed, the return of funds may be accomplished through a negative change order, whereby the project funds are returned to the Client. However, if the Client and Contractor cannot agree on the settlement of the funds, either party may submit a dispute by following the dispute resolution process described in the next section of these Terms.
21. Dispute Resolution
Disputes may occur when a Client and a Contractor cannot agree to release funding that is already held by the third-party payment processor. It is in both parties’ best interest to resolve payment issues and move forward without initiating a costly and time-consuming dispute.
If either party believes that it is not able to resolve the disagreement with the other party, it may take advantage of the MyCraft Dispute Resolution process. Our dispute resolution process is designed to resolve disputes quickly and affordably.
Our Dispute Resolution process can only involve approved Project Funds in the possession of the third-party payment processor. Therefore, ancillary claims related to the agreement between the Client and Contractor are not subject to the MyCraft Dispute Resolution process. If the approved Project Funds are made subject to any external dispute resolution procedure, such as litigation or arbitration not affiliated with the MyCraft Dispute Resolution process, then the parties shall notify MyCraft immediately. At such time, the disputed funds will be released back to the funding party, less any processing fees, and the MyCraft Dispute Resolution process will not be available.
If your project has reached a point where attempts to reconcile issues related to funding release have failed and you wish to engage in our Dispute Resolution process, you must first notify us that you have begun the dispute process by emailing us at email@example.com. The subject line should read “Project Name, dispute.” The date of such email is considered the Dispute Date.
What happens if I notify MyCraft of a dispute?
The MyCraft Dispute Resolution process commences on the Dispute Date, and MyCraft will flag the project as in dispute. During the Dispute Resolution process, all project functionality on the Platform will remain active. MyCraft is not a party to any dispute between Client and Contractor, and it is the responsibility of Client and Contractor to resolve disputes outside of MyCraft, as described in the MyCraft Dispute Resolution Process below. If the project is not funded through MyCraft, we may only respond with a reminder that a MyCraft dispute only applies to approved Project funds.
MyCraft Dispute Resolution Process:
1. After we are notified that the MyCraft Dispute Resolution process has commenced, we will send emails to both Client and Contractor that the MyCraft Dispute Resolution process has begun. At that time, the Confirmation and Negotiation period commences.
2. Confirmation and Negotiation Period – Beginning when MyCraft sends emails to both parties, the Contractor and Client have 14 calendar days from the Dispute Date to respond to MyCraft’s request for confirmation and to resolve their dispute without escalating the dispute. MyCraft will send reminder emails to both parties when there are ten days, seven days, three days, and two days remaining in the Confirmation and Negotiation Period. If the parties agree to a resolution, both will notify MyCraft via email, and if required, a change order reflecting the agreed-upon terms will be issued. The confirmation, notification, and change order must be completed prior to the end of the Confirmation and Negotiation Period.
3. Mediation Commencement Period – If Contractor and Client have not resolved the dispute within the 14-day Confirmation and Negotiation Period, the Contractor and Client are provided a second 14-day period before the mediation period must occur. MyCraft will send reminder emails to both parties when there are ten days, seven days, three days, and two days remaining in the Mediation Commencement Period. By the end of this period, the Contractor and Client are required to begin mediation proceedings. The parties agree to make a good-faith eﬀort to settle the dispute in mediation. The mediation will be submitted to the American Arbitration Association (“AAA”) to be mediated according to the AAA Mediation Procedures, and the AAA will be asked to choose a mediator. The Client and Contractor will evenly divide and pay the mediator’s fees, if any. MyCraft must be notified within two days of the initiation of the mediation process by the parties.
4. Mediation Period – Beginning at the end of the Mediation Commencement Period, the Contractor and Client will work to timely resolve the dispute via mediation. The outcome of the mediation must be delivered to MyCraft within two days of completion. If mediation does not successfully resolve the dispute, the Contractor and Client will begin the Arbitration Commencement Period.
5. Arbitration Commencement Period – If the contractor and client have not resolved the dispute during the Mediation Period, the Contractor and Client are provided 14 days to commence arbitration. MyCraft will send reminder emails to both parties when there are ten days, seven days, three days, and two days remaining in the arbitration commencement period. Before the end of this period, Contractor and Client are required to begin arbitration. The Contractor and Client will submit the dispute to arbitration before a single arbitrator of the AAA. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the Parties. MyCraft must be notified of the initiation of the arbitration process by the Client and Contractor within two days. The issue of arbitrability will be determined solely by the arbitrator. The arbitrator must be instructed to serve the final award ruling to MyCraft within three days of the completion of the arbitration proceedings. MyCraft will then disperse the disputed funds according to the final award ruling, and at such time, the MyCraft Dispute Resolution process will conclude.
6. Even though the Client and Contractor shall give MyCraft timely notice of all proceedings and final awards, MyCraft is not a party to the dispute or any proceedings. Because MyCraft is not a party to a dispute, the Contractor and Client are responsible for all expenses and fees related to the dispute process.
7. At any point, the Client and Contractor can mutually resolve the dispute by sending a notification of the resolution of the dispute along with a description of the resolved terms and any disbursement instructions to MyCraft. Any such notification must be sent to firstname.lastname@example.org.
8. If, after the commencement of the MyCraft Dispute Resolution process, MyCraft has not received timely notice as described above, MyCraft may terminate or cancel the Project and release disputed funds to the initiator of the dispute. Also, if any party is non-responsive, meaning they do not provide written response, email or otherwise for a period of 14 days following the most recent communication from the responsive party or MyCraft, MyCraft may terminate or cancel the Project and release the disputed funds to the responsive party, deducting our fees. In both situations, funds not in dispute will be released back to the funding party.
9. If the dispute process has not been resolved within two years of the initial funding of the Project by the Client, then MyCraft will terminate the Project, and the funds will be returned to the funding party to be held until a final ruling is made by the arbitrator, at which time the funds will be dispersed pursuant to the arbitrators final ruling.
22. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM IS AT YOUR OWN RISK. OUR PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR PLATFORM OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO YOUR USE OF OUR PLATFORM OR OUR PROVISION OF SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESSED OR IMPLIED BY LAW, STATUTORY, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR ANY THIRD PARTY'S USE, OR INABILITY TO USE, OUR PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF THE DAMAGES WERE FORESEEABLE.
24. Confidential Information
All of our non-public, confidential, or proprietary information that is considered by a reasonable person to be confidential (collectively, “Confidential Information”), disclosed by us to you, whether or not marked, designated or otherwise identified as “confidential” in connection with your use of our Platform is confidential, and shall not be disclosed or copied by you without our prior written consent. Confidential Information does not include information that is:
a. in the public domain;
b. known by you at the time of disclosure; or
c. rightfully obtained by you on a non-confidential basis from a third party.
You agree to use the Confidential Information only to make use of our Platform. We are entitled to injunctive relief for any violation of this section.
You agree to defend, indemnify, and hold harmless the Company, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Platform, including, but not limited to, your User Contributions, Transactions, any use of our Platform’s content, Service, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Platform.
You may not assign any of your rights or delegate any of your obligations under any agreement that these Terms apply without receiving our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under any agreement where these Terms apply.
27. Term and Termination
We reserve the right to terminate your account or access to our Platform at any time at our sole discretion, for any or no reason, including, without limitation, any violation of these Terms. You may terminate your account on our Platform as well. If for any reason your account is terminated during the pendency of an active Project, any Project Funds held by the third-party payment processor may be released to the remaining Project party maintaining an active account with MyCraft.
28. Governing Law; Submission to Jurisdiction
This agreement and all matters relating hereto are governed by, and construed in accordance with, the laws of the State of Ohio, without regard to the conflict of law provisions of such State. Any legal suit, action, or proceeding relating to this agreement must be instituted in the federal or state courts located in Franklin County, Ohio. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of our Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.
30. Time to File Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PLATFORM MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by us of any term set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
33. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this agreement, for any failure or delay in fulfilling or performing any term of this agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, without limitation, the following force majeure events (“Force Majeure Event”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action, including stay-at-home or shelter-in-place orders; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; and (g) strikes, labor stoppages or slowdowns or other industrial disturbances; and (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within seven days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If the Impacted Party’s failure or delay remains uncured for a period of 30 days following the removal of the Force Majeure Event, the other party may thereafter terminate the agreement upon five days’ written notice.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in full force after any termination or expiration of this agreement.
35. Integration of Policies and Entire Agreement
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the parties at the address set forth in the Contacting Us section of these Terms. All Notices must be delivered by email. Except as otherwise provided in the agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this section.
37. Contacting Us
If you have any comments, questions, or concerns, please contact us at email@example.com.
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