Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING DEMO SITE’S WEBSITE

Terms and Conditions

Your use of this website and the products and services offered and supplied via this website (referred to collectively as the “Services” in this document), whether as a guest or a registered user, is subject to the following legal terms and conditions, which are effective and binding between you and Demo Site. Use of Demo Site’s website includes accessing, browsing, or registering to use Demo Site's website. Please read these terms and conditions carefully before you start to use Demo Site's website, as these will apply to your use of Demo Site's website. If you do not wish to be bound by these terms and conditions, you should not continue to use or access Demo Site's website or use any other of the Services. Demo Site recommends that you print a copy of these terms and conditions, or save them to your computer, for future reference.

Demo Site’s website is provided by Demo Site’s third party service provider, Sponsorcraft Ltd, on behalf of Demo Site, and these terms and conditions operate between you and Demo Site only. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third party rights which Sponsorcraft Ltd may enforce under this contract. Your attention is drawn to the paragraph immediately below and the paragraphs entitled “Fundraising”, “Payments and fees” and “PayPal Adaptive Payments & Chargeback Policy“.

Your use of any other services or websites which are similar to the Services and which are provided by a third party, including any third party services or websites which Demo Site’s website links to (including other services or websites operated by Sponsorcraft Ltd), is subject to the legal terms which govern usage of those other services, and Demo Site has no responsibility whatsoever for such usage.

Demo Site's registered office is . Demo Site is registered in England and Wales, with company registration number . Demo Site's VAT number is . Demo Site is a charity with charity registration number . Demo Site's main trading address is .

The terms and conditions set out in this document form a legally binding agreement between you and Demo Site in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. These Terms, and the contract between you and Demo Site, are only in the English language. Demo Site considers that these Terms, together with Demo Site's Privacy Policy, your request to register as a user of the Site, and any other terms relating to fees or other matters which are agreed to in writing by you and Demo Site, constitute the whole agreement between you and Demo Site.

The term ‘Creator’ means any registered member of Demo Site involved in a Project. The term ‘Project’ means any Project approved by Demo Site and posted on Demo Site’s website. The term ‘Sponsor’ means any organisation or individual contributing financially to a Project. The term 'Content' means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which Demo Site has made available as part of the Services, including content which you have uploaded to the Site in accordance with the Terms. The “Site” means Demo Site.

Accepting the Terms

In order to use the Services, you must firstly agree to the Terms. By using the Site, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use the Site or otherwise use the Services. You can accept the Terms by actually using the Services. Accordingly, you understand and agree that Demo Site will treat your use of the Services as acceptance of the Terms from that point onwards. The Services are offered subject to your acceptance of the Terms, which also incorporate the Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by Demo Site, each of which is incorporated by reference and each of which may be updated by Demo Site from time to time without notice to you. In the event of any inconsistency or conflict between the terms, the Privacy Policy, your request to register as a user of the Site, and/or any other terms relating to fees or other matters which are agreed to in writing by you and Demo Site, the Terms shall have priority.

The Services are available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct. Demo Site reserves the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change its eligibility criteria at any time without notice and for any reason. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Demo Site; (b) you are not normally resident in the UK or the country from which you use the Services; or (c) you are a person not allowed to receive or use the Services under the laws of England and Wales or any other countries including the country in which you are resident or from which you use the Services.

For the steps you need to take to register your Projects or pledge sponsorship monies to a Project with Demo Site, please see /faq/about/.

Changes to the Terms

Demo Site reserves the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that Demo Site may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.

Conduct

You agree to use the Site and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use in relation to a Project or Projects as the case may be. You are responsible for all of your activity in connection with the Services.

Under the Terms you are prohibited from taking any action in relation to your use of the Services which:

  • infringes any patent, trade mark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
  • is false, misleading or inaccurate;
  • is obscene, offensive, or unlawful in any way;
  • constitutes spam, junk mail or advertising which has not been authorised in writing by Demo Site; results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or impersonates any person or entity, including any employee or representative of Demo Site.

Additionally, you agree not to:

  • take any action that imposes or may impose (as determined by Demo Site in its sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s infrastructure;
  • engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including (but not limited to) attacking the Site via a denial-of-service attack or a distributed denial-of service attack;
  • access (or attempt to access) any of the Services by any means other than through the interface that is provided by Demo Site via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with Demo Site. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Services.

If you breach this provision, you may be committing a criminal offence. Demo Site will report any such breach to the relevant law enforcement authorities and Demo Site will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Demo Site does not guarantee that any Content will be made available on or through the Services. Demo Site has no obligation to monitor the Services or content. However, Demo Site reserves the right to remove, edit or modify any Content in its sole discretion from the Services 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 Demo Site is concerned that you may have violated the Terms).

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

Registration

In order to use parts of the Services, you may be required to register with Demo Site and select apassword and “user name”. You shall not: - create or use as a user name the name of another person with the intention of impersonating that person;- use as a user name a name which is subject to any rights of a person other than you without appropriateauthorisation; or- use as a user name a name which is offensive or inflammatory as deemed by Demo Site in itssole discretion. Demo Site reserves the right to refuse registration of or to cancel a user name in its solediscretion and to disable any user name or password, at any time, if in its reasonable opinion you have failedto comply with any of the provisions of the Terms. You agree not to use another user’s account without suchother user’s express permission. You agree and understand that you are responsible for maintaining the confidentiality of passwords associatedwith any account you use to access the Services. You must not disclose this information to any third party. Ifyou become aware of any unauthorized use of your password or of your account, you agree tonotify Demo Site immediately by email to . Accordingly, you agree that you are solely responsible for all activities that occur under your account. Sponsorcraft Ltd reserves the right to refuse registration of or to cancel a user name in its sole discretion.You agree not to use another user’s account without such other user’s express permission. You agree and understand that you are responsible for maintaining the confidentiality of passwords associatedwith any account you use to access the Services. If you become aware of any unauthorized use of your password orof your account, you agree to notify Sponsorcraft Ltd immediately in writing. Accordingly, you agree that you are solely responsible for all activities that occur under your account.

Fundraising

Demo Site shall not be liable for your interactions with any organisations, Sponsors orindividuals found on or through the Services. This includes, but is not limited to, delivery of goods andservices, and any other terms, conditions, warranties or representations associated with listings on theSite. Demo Site does not exercise control over the timings or performance of Projects in any way;does not warrant that Sponsors’ pledges will be used for any particular purpose; and is not responsible for anydissatisfaction you may have regarding Creators’ use of Sponsors’ pledges, including any misuse of Sponsors’pledges. Demo Site is not responsible for any damage or loss incurred as a result of any suchdealings in relation to the Projects or otherwise. All dealings are solely between you and such organisationsand/or individuals as the case may be. Demo Site is under no obligation to become involved in disputes between Sponsors and Creators, orbetween site members and any third party. In the event of a dispute, you agree not topursue Demo Site, its officers, employees, agents, Sponsorcraft Ltd or successors in relation toany claims arising out of or related to such disputes and agree that Demo Site, its officers,employees, agents, Sponsorcraft Ltd and successors are exempt from and not subject to such claims. Creators are solely responsible for fulfilling obligations both implied and stated in any Project theycreate. Demo Site reserves the right to remove a Project from the Services and cancel allassociated Sponsors' pledges at any time for any reason. Creators may initiate refunds at their own discretion.Neither Demo Site nor Sponsorcraft Ltd is responsible for issuing refunds for funds that havebeen collected by Creators.

Payments and Fees

All funds are collected for Creators via PayPal. Neither Demo Site nor Sponsorcraft Ltd isresponsible for the performance or fairness of PayPal, and neither Demo Site nor Sponsorcraft Ltdis responsible for any PayPal fees. Given the occasional failures of some credit cards,neither Demo Site nor Sponsorcraft Ltd can guarantee the full receipt of the fundsraised. Demo Site will transfer to Creators all sponsorship monies pledged and paid by Sponsorswithin 7 working days of Demo Site receiving those monies from Sponsorcraft Ltd’s PayPalaccount. Sponsorcraft does not charge processing fees for projects on hubbub.net. If your Project does not reach itsfunding target no fees are charged by either Sponsorcraft or PayPal or Stripe. PayPal and Stripe apply a fee tothe funds raised by successful Projects. This fee is dependent on the size of donations and may change overtime. Please visit PayPal's Fees page and Stripe’s Fees page for more information on their costs.

PayPal Adaptive Payments & Chargeback Policy

The possibility of chargebacks to a Creator's account is very unlikely. However, in the event that PayPal, Stripeor any other relevant entity such as a court of law deems that a chargeback is necessary, the Creator assumesthe responsibility for all fees and chargebacks as appropriate and will deal directly with PayPal or Stripe insuch cases as required to ensure the issue is resolved. This policy is in keeping with PayPal's policy that during the Adaptive Payments transaction, the Creator is thePrimary Receiver. For more information, please see PayPal's Adaptive Payments section on PayPal's website.

The Stripe Service (debit / credit card payments)Stripe is a payment service which allows Creators to accept and process credit card, debit card and other types ofcard payments from their Sponsors. By registering with Stripe, the Creator accepts Stripe’s terms and conditionswhich can be found at https://stripe.com/terms

Third party websites

The Services may contain links to other websites or resources on the Internet, and other websites or resourcesmay contain links to the Site. You acknowledge that Demo Site is not responsible or liable forthe content or any aspect of such third party websites and you use them at your own risk. The factthat Demo Site provides links to certain third party websites does not in any way constituteendorsement of or association with such websites by Demo Site. Furthermore, you acknowledge andagree that Demo Site shall not be responsible or liable for any damage or loss caused by your useof any such website or resource.

Linking to the Site

You may link to any page of the Site, provided you do so in a way that is fair and legal and does notdamage Demo Site’s reputation or take advantage of it. You must not establish a link in such away as to suggest any form of association, approval or endorsement on Demo Site’s part where noneexists. You must not establish a link to the Site in any website that is not owned by you. The Site must not beframed on any other site. Demo Site reserves the right to withdraw linking permission withoutnotice. The website in which you are linking must comply in all respects with the content requirements set outin these Terms. If you wish to make any use of content on the Site other than that set out above, pleasecontact .

Content

You acknowledge that all Content which you may have access to as part of, or through your use of, the Servicesare the sole responsibility of the person from which such content originated. You should be aware that Content presented to you as part of the Services may be protected by intellectualproperty rights which are owned by those who provide Content to Demo Site (or by other persons orcompanies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative worksbased on this Content (either in whole or in part) unless you have been specifically told that you may do so bySponsorcraft Ltd or by the owners of that Content, in a separate agreement. Demo Site reserves the right (but shall have no obligation) to pre-screen, review, flag, filter,modify, refuse or remove any or all Content from any part of the Services. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent orobjectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that Demo Site has no responsibility to you orto any third party for) any Content that you create, transmit or display while using the Services and for theconsequences of your actions (including any loss or damage which Sponsorcraft Ltd may suffer) by doing so. Inparticular, Demo Site will not be responsible, or liable to any third party, for the content oraccuracy of any Content posted by you or any other user of the Site. Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with otherusers of the Site, you must comply with the Terms. You warrant that any such contribution does comply with theTerms, and you will be liable to Demo Site and indemnify Demo Site for any breachof that warranty. This means you will be responsible for any loss or damage which Demo Sitesuffers as a result of your breach of warranty. No Content is intended to amount to advice on which you should rely. You must obtain professional or specialistadvice before taking, or refraining from, any action on the basis of the Content on the Site. The views expressed by other users on the Site do not represent Demo Site's views or values.

Licence from Demo Site

Demo Site gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licenceto use the Content provided to you by Demo Site as part of the Services. This licence is for thesole purpose of enabling you to use the Services as provided by Demo Site, in the mannerpermitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Services(including any Content) other than for personal, non-commercial use is expressly prohibited without priorwritten permission from Demo Site. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer,decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expresslypermitted or required by law, or unless you have been specifically told that you may do soby Demo Site in writing. Unless Demo Site has given you specific written permission to do so, you may not assign (or granta sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use theServices, or otherwise transfer any part of your rights to use, or obligations in relation to, the Services.

Content licence from you

You retain copyright and any other rights you already hold in Content which you submit, post or display on orthrough, the Services. By submitting, posting or displaying the Content you give Demo Site aperpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify,translate, publish, publicly perform, publicly display and distribute any Content which you submit, post ordisplay on, or through, the Services. This licence is for the sole purpose of enabling Demo Siteto display, distribute and promote the Services. You understand that Demo Site, in performing the required technical steps to provide the Servicesto our users, may make such changes to your Content as are necessary to conform and adapt that Content to thetechnical requirements of connecting networks, devices, services or media. You agree that this licence shallpermit Demo Site to take these actions. You confirm and warrant to Demo Site that you have all the rights, power and authority necessaryto grant the above licence.Other than the limited licence set out above, Demo Site acknowledgesand agrees that it obtains no right, title or interest from you under these Terms in or to any Content that yousubmit, post, transmit or display on, or through, the Services, including any intellectual property rights whichsubsist in that Content (whether those rights happen to be registered or not, and wherever in the world thoserights may exist). Unless you have agreed otherwise in writing with Demo Site, you agree that youare responsible for protecting and enforcing those rights and that Demo Site has no obligation todo so on your behalf.

Copyright issues

It is Demo Site's policy to respond to notices of alleged copyright infringement that comply withapplicable international intellectual property law and to terminate the accounts of repeat infringers. You must not reproduce our logo or intellectual property without our express written permission. If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us either by postto do so by contacting us either by post to , or by emailto .

Intellectual property rights

You agree to Demo Site (and others permitted by Demo Site to act on its behalf)doing the following in connection with the provision of the Services: - using and performing the Services on your behalf (including but not limited to displaying, utilising andpromoting the Content together with any other such information as is required in order for the Services tofunction effectively);- allowing others to utilise the Content as part of the Services; and- publishing, and permitting others to publish, the name(s), trademarks, and details of you and the otherCreators involved in your Projects. You hereby agree to Demo Site using, and displaying as appropriate your trademarks, logos orsimilar proprietary rights solely in connection with the Services. None of the above affects your ownershiprights in relation to Content you upload onto the Site.

Termination

Demo Site reserves the right to terminate your account or restrict access to all or any part ofthe Services at any time without notice or cause and such termination and/or restriction will be effectiveimmediately. This may result in the forfeiture and destruction of all information and/or Content associated withyour membership. If you wish to terminate your account at any time, please contact us by emailat . Demo Site will effect the termination of your account, andremove your information from the Site, as soon as reasonably possible. When the supply of the Services to you is terminated, for whatever reason, certain legal rights, obligations andliabilities that you and Demo Site have benefited from, been subject to (or which have accruedover time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall beunaffected by this cessation and shall continue to have full force and effect. These include (but are notlimited to) your obligations in relation to conduct, content, intellectual property rights, payment andindemnification, and Demo Site’s rights in relation to payment, content, intellectual propertyrights, warranty disclaimer, limitation of liability and indemnification. The “General Legal Terms” section nearthe end of this document shall also continue to have full force and effect.

Warranty Disclaimer

You agree and acknowledge that Demo Site has no special relationship with or fiduciary duty toyou. You acknowledge that Sponsorcraft Ltd cannot control, nor has it any obligation to act in relation to: - the way in which you utilise the Content;- what Content you access via the Site;- the impact the Content may or may not have on you;- which users gains access to the Site; or- what actions you may take as a result of having been exposed to the Content. You agree that Demo Site is not liable for you having acquired or not acquired Content through theSite. Demo Site does not guarantee that the Site, or any Content on it, will always be availableor be uninterrupted. Access to the Site is permitted on a temporary basis. Demo Site may suspend,withdraw, discontinue or change all or any part of the Site without notice. Demo Site will not beliable to you if for any reason the Site is unavailable at any time or for any period. The Services are provided"as is" and "as available" and are without warranty of any kind, express or implied, including, but not limitedto, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warrantiesimplied by any course of performance or usage of trade, all of which are expresslydisclaimed. Demo Site, and its directors, employees, agents, suppliers, partners and contentproviders do not warrant that: (a) the Services will be secure or available at any particular time or location;(b) the Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site isaccurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or softwareavailable at or through the Services is free of viruses or other harmful components; or (f) the results of usingthe Services will meet your requirements. Your use of the Services is solely at your own risk.

Indemnification

In the event that any action you take in relation to the Services constitutes an infringement by you or anyoneelse using your account of any intellectual property rights whatsoever, or constitutes defamation or the abuseof another user’s privacy, or if you are a Creator and you fail to make any refund which should be maderesulting in Demo Site or Sponsorcraft Ltd suffering reputational or other damage, and suchaction results in claims, liabilities and expenses relating to such action, you shall defend, indemnify and holdunaccountable Demo Site, its employees, directors, Sponsorcraft Ltd and all other partiesassociated with Demo Site from such claims, liabilities and expenses. This means you will beresponsible for any loss or damage which Demo Site suffers as a result of any suchaction. Demo Site reserves the right to assume the exclusive defence and control of any matterotherwise subject to indemnification by you, in which event you will assist and cooperate fullywith Demo Site in asserting any available defences.

Limitation of Liability

Nothing in these Terms excludes or limits Demo Site’s liability fordeath or personal injuryarising from Demo Site’s negligence, orits fraud or fraudulent misrepresentation, or any otherliability that cannotbe excluded or limited by English law. Whether you are a Creator or a Sponsor, you agree not to use the Site forany commercial or business purposes,and Demo Site has noliability to you for any loss of profit, loss of business, businessinterruption,or loss of business opportunity. Demo Site is not responsible for any loss or damage that is notforeseeable. Loss or damage isforeseeable if it was an obvious consequence of Demo Site’s breach of the Terms or if it wascontemplated by you and Demo Site at the time we entered into thiscontract. Demo Site shall not be liable for any damage whether in contract,tort (includingnegligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connectionwith: - Use of, or inability to use, the Site;- use of or reliance on any Content displayed on the Site;- data loss, cost of procurement of substitute goods or services, consequential damages of any kindwhatsoever, substitute goods or services (however arising); or- a virus, distributed denial-of-service attack, or other technologically harmful material that may infectyour computer equipment, computer programs, data or other proprietary material due to your use of the Siteor to your downloading of any content on it, or on any website linked to it.

Electronic notification policy

By using the Services, you consent to receiving from Demo Site all communications includingnotices, agreements, legally required disclosures or other information in connection with the Services(collectively, "Contract Notices") electronically. Additionally, Demo Site reserves the right tocontact Creators by telephone should a problem arise with their Project. Demo Site may providesuch electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receiveContract Notices electronically, you must discontinue your use of both the Site and the Services.

Customer service

If you wish to make an inquiry or complaint, you can do so by post at , or by emailat . Terms which apply to Creators only (and not Sponsors) Demo Site acts as an intermediary between you and Sponsors and other users of the Site. When you register a Project with Demo Site, you represent, warrant and undertaketo Demo Site and all users of the Site that: - you are a member of Demo Site;- you are 18 years of age or older;- you are the person with ultimate responsibility for the Project (or are otherwise acting with the expressauthority of that person);- you will obtain, maintain and renew (as applicable) any necessary approval, authority, consent, licence orany other permissions in relation to your use of the Services to achieve funding for the Project and complywith all applicable laws;- you will apply all Sponsor pledges received in accordance with the Project’s stated aims;- you will not offer securities/financial instruments in return for Sponsor pledges; and- you will not misuse any Sponsor pledges, including not using any monies pledged for purposes which are notstated aims of the Project.

Gift Aid

Demo Site may include a Gift Aid option and any such option will be subject to the additionallegal terms covering this.

General legal terms

You agree that Demo Site may provide you with notices, including those regarding changes to theTerms, by email, regular mail, or postings on the Services. Demo Site may transfer its rights and obligations under the Terms to another organisation,and Demo Site will always notify you in writing if this happens, but this will not affect yourrights or Demo Site’s obligations under the Terms. You agree that if Demo Site does not exercise or enforce, or delays in exercising or enforcing,any legal right or remedy which is contained in the Terms (or which Demo Site has the benefit ofunder any applicable law), this will not be taken to be a formal waiver of Demo Site’s rights andthat those rights or remedies will still be available to Demo Site (and does not mean that you donot have to comply with your obligations). If Demo Site does waive a default byyou, Demo Site will only do so in writing, and that will not mean that Demo Sitewill automatically waive any later default by you. This contract is between you and Demo Site. A person who is not a party to the Terms has no rightto rely on or enforce any of the Terms. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any ofthem are unlawful, the remaining paragraphs will remain in full force and effect. Your statutory rights as a consumer are unaffected by the Terms and you may have rights under statute additionalto those granted by the Terms. If in doubt you should contact your local Citizens’ Advice Bureau or TradingStandards Office. Demo Site will not file a copy of the contract between you and Demo Site. Where the words "in writing" appear in the Terms, this includes email. If you wish tocontact Demo Site in writing, or if any provision in the Terms requires you togive Demo Site notice in writing, you can send this to Demo Site by e-mailto , or by pre-paid post to .

Governing Law

The Terms, and your relationship with Demo Site under the Terms (including the subject-matter ofthe Terms and the formation of the contract, and any contractual or non-contractual dispute associated with youruse of the Services), are governed by English law. You and Demo Site agree that the courts ofEngland and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, youagree that Demo Site shall still be allowed to apply for injunctive remedies (or an equivalenttype of urgent legal relief) in any jurisdiction.

Effective Date: 17th January 2014