PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE KUBACKER WEBSITE
Terms and Conditions
Accepting the Terms
Changes to the Terms
Sponsorcraft 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 Sponsorcraft 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.
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, trademark, 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 Sponsorcraft; - 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 Sponsorcraft.
Additionally, you agree not to: - take any action that imposes or may impose (as determined by Sponsorcraft in its sole discretion) an unreasonable or disproportionately large load on Sponsorcraft's (or its third party providers’) 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 Sponsorcraft, unless you have been specifically allowed to do so in a separate agreement with Sponsorcraft. 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. Sponsorcraft will report any such breach to the relevant law enforcement authorities and Sponsorcraft 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. Sponsorcraft does not guarantee that any Content will be made available on or through the Services. Sponsorcraft has no obligation to monitor the Services or Content. However, Sponsorcraft 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 Sponsorcraft 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.
In order to use parts of the Services, you may be required to register with Sponsorcraft and select a password 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 appropriate authorisation; or
- use as a user name a name which is offensive or inflammatory as deemed by Sponsorcraft in its sole discretion.
Sponsorcraft reserves the right to refuse registration of or to cancel a user name in its sole discretion and to disable any user name or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms. 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 associated with any account you use to access the Services. You must not disclose this information to any third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify Sponsorcraft immediately by email to email@example.com.
Sponsorcraft shall not be liable for your interactions with any organisations, Sponsors or individuals found on or through the Services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Sponsorcraft. Sponsorcraft 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 any dissatisfaction you may have regarding Creators’ use of Sponsors’ pledges, including any misuse of Sponsors’ pledges. Sponsorcraft is not responsible for any damage or loss incurred as a result of any such dealings in relation to the Projects or otherwise. All dealings are solely between you and such organisations and/or individuals as the case may be. Sponsorcraft is under no obligation to become involved in disputes between Sponsors and Creators, or between site members and any third party. In the event of a dispute, you agree not to pursue Sponsorcraft, its officers, employees, agents or successors in relation to any claims arising out of or related to such disputes and agree that Sponsorcraft, its officers, employees, agents 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 they create. Sponsorcraft reserves the right to remove a Project from the Services and cancel all associated Sponsors' pledges at any time for any reason. Creators may initiate refunds at their own discretion. Sponsorcraft is not responsible for issuing refunds for funds that have been collected by Creators.
Payments and Fees
Sponsorcraft does not, at any time, receive or hold any monies intended for Creators. All funds are collected for Creators by Stripe. Sponsorcraft is not responsible for the performance or fairness of Stripe, and Sponsorcraft is not responsible for any Stripe fees. Given the occasional failures of some credit cards, Sponsorcraft cannot guarantee the full receipt of the funding target. Sponsorcraft does not charge processing fees for projects on kubacker.hubbub.net. If your Project does not reach its funding target no fees are charged by either Sponsorcraft or Stripe. Stripe applies a fee to the funds raised by successful Projects. This fee is dependent on the size of donations and may change over time. Please visit Stripe’s Fees page for more information on their costs.
The possibility of chargebacks to a Creator's account is very unlikely. However, in the event that Stripe or any other relevant entity such as a court of law deems that a chargeback is necessary, the Creator assumes the responsibility for all fees and chargebacks as appropriate and will deal directly with Stripe in such cases as required to ensure the issue is resolved.
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 of card payments from their Sponsors. By registering with Stripe, the Creator accepts Stripe’s terms and conditions which 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 resources may contain links to the Site. You acknowledge that Sponsorcraft is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that Sponsorcraft provides links to certain third party websites does not in any way constitute endorsement of or association with such websites by Sponsorcraft. Furthermore, you acknowledge and agree that Sponsorcraft shall not be responsible or liable for any damage or loss caused by your use of 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 not damage Sponsorcraft’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Sponsorcraft’s part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site. Sponsorcraft reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please contact firstname.lastname@example.org.
You acknowledge that all Content which you may have access to as part of, or through your use of, the Services are 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 intellectual property rights which are owned by those who provide Content to Sponsorcraft (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sponsorcraft or by the owners of that Content, in a separate agreement. Sponsorcraft 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 or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that Sponsorcraft has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Sponsorcraft may suffer) by doing so. In particular, Sponsorcraft will not be responsible, or liable to any third party, for the content or accuracy 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 other users of the Site, you must comply with the Terms. You warrant that any such contribution does comply with the Terms, and you will be liable to Sponsorcraft and indemnify Sponsorcraft for any breach of that warranty. This means you will be responsible for any loss or damage which Sponsorcraft suffers 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 specialist advice 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 Sponsorcraft’s views or values.
Licence from KUBacker
KUBacker gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by Kubacker as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by Kubacker, in the manner permitted 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 prior written permission from Kubacker.
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 expressly permitted or required by law, or unless you have been specifically told that you may do so by Kubacker in writing.
Unless Kubacker has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, 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 or through, the Services. By submitting, posting or displaying the Content you give Sponsorcraft a perpetual, 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 or display on, or through, the Services. This licence is for the sole purpose of enabling Sponsorcraft to display, distribute and promote the Services. You understand that Sponsorcraft, in performing the required technical steps to provide the Services to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Sponsorcraft to take these actions. You confirm and warrant to Sponsorcraft that you have all the rights, power and authority necessary to grant the above licence. Other than the limited licence set out above, Sponsorcraft acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Sponsorcraft, you agree that you are responsible for protecting and enforcing those rights and that Sponsorcraft has no obligation to do so on your behalf.
It is Kubacker’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers. Sponsorcraft also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. You must not reproduce our logo or any other of our 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 post to River House, 53–57 High Street, Kingston upon Thames, Surrey KT1 1LQ, or by email to email@example.com.
Intellectual property rights
You agree to Kubacker (and others permitted by Kubacker 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 and promoting the Content together with any other such information as is required in order for the Services to function 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 other Creators involved in your Projects.
You hereby agree to Kubacker using, and displaying as appropriate your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you upload onto the Site.
Kubacker reserves the right to terminate your account or restrict access to all or any part of the Services at any time without notice or cause and such termination and/or restriction will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at firstname.lastname@example.org. Kubacker will effect the termination of your account, and remove 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 and liabilities that you and Kubacker have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights, payment and indemnification, and Kubacker’s rights in relation to payment, content, intellectual property rights, warranty disclaimer, limitation of liability and indemnification. The “General Legal Terms” section near the end of this document shall also continue to have full force and effect.
You agree and acknowledge that Kubacker has no special relationship with or fiduciary duty to you. 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 Kubacker is not liable for you having acquired or not acquired Content through the Site. KUbacker does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. Kubacker may suspend, withdraw, discontinue or change all or any part of the Site without notice. Kubacker will not be liable 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 limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Kubacker , and its directors, employees, agents, suppliers, partners and content providers 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 is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
In the event that any action you take in relation to the Services constitutes an infringement by you or anyone else using your account of any intellectual property rights whatsoever, or constitutes defamation or the abuse of another user’s privacy, or if you are a Creator and you fail to make any refund which should be made resulting in Sponsorcraft suffering reputational or other damage, and such action results in claims, liabilities and expenses relating to such action, you shall defend, indemnify and hold unaccountable Sponsorcraft, its employees, directors and all other parties associated with Sponsorcraft from such claims, liabilities and expenses. This means you will be responsible for any loss or damage which Sponsorcraft suffers as a result of any such action. Sponsorcraft reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate fully with Sponsorcraft in asserting any available defences.
Limitation of Liability
Nothing in these Terms excludes or limits Sponsorcraft’s liability for death or personal injury arising from Sponsorcraft’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. Whether you are a Creator or a Sponsor, you agree not to use the Site for any commercial or business purposes, and Sponsorcraft has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Sponsorcraft are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Sponsorcraft’s breach of the Terms or if it was contemplated by you and Sponsorcraft at the time we entered into this contract. Sponsorcraft shall not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with: - 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, substitute goods or services (however arising); or - a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other - proprietary material due to your use of the Site or 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 Sponsorcraft all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Additionally, Sponsorcraft reserves the right to contact Creator by telephone should a problem arise with their Project. Sponsorcraft may provide such 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 both the Site and the Services.
If you wish to make an inquiry or complaint, you can do so by post at River House, 53–57 High Street, Kingston upon Thames, Surrey KT1 1LQ, or by email at email@example.com.
Terms which apply to Creators only (and not Sponsors)
Kubacker acts as an intermediary between you and Sponsors and other users of the Site.
When you register a Project with Kubacker, you represent, warrant and undertake to Kubacker and all users of the Site that:
- you are a member of Kingston University;
- you are 18 years of age or older;
- you are the person with ultimate responsibility for the Project (or are otherwise acting with the express authority of that person);
- you will obtain, maintain and renew (as applicable) any necessary approval, authority, consent, licence or any other permissions in relation to your use of the Services to achieve funding for the Project and comply with 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 not stated aims of the Project.
Kingston University Higher Education Corporation may include a Gift Aid option and any such option will be subject to the additional legal terms covering this.
General legal terms
You agree that Kingston University Higher Education Corporation may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
Kingston University Higher Education Corporation may transfer its rights and obligations under the Terms to another organisation, and Kingston University Higher Education Corporation will always notify you in writing if this happens, but this will not affect your rights or Kingston University Higher Education Corporation’s obligations under the Terms.
You agree that if Kingston University Higher Education Corporation does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which Kingston University Higher Education Corporation has the benefit of under any applicable law), this will not be taken to be a formal waiver of Kingston University Higher Education Corporation’s rights and that those rights or remedies will still be available to Kingston University Higher Education Corporation (and does not mean that you do not have to comply with your obligations). If Kingston University Higher Education Corporation does waive a default by you, Kingston University Higher Education Corporation will only do so in writing, and that will not mean that Kingston University Higher Education Corporation will automatically waive any later default by you.
This contract is between you and Kingston University Higher Education Corporation. A person who is not a party to the Terms has no right to 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 of them 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 additional to those granted by the Terms. If in doubt you should contact your local Citizens’ Advice Bureau or Trading Standards Office.
Kingston University Higher Education Corporation will not file a copy of the contract between you and Kingston University Higher Education Corporation.
Where the words "in writing" appear in the Terms, this includes email. If you wish to contact Kingston University Higher Education Corporation in writing, or if any provision in the Terms requires you to give Kingston University Higher Education Corporation notice in writing, you can send this to Kingston University Higher Education Corporation by e-mail to firstname.lastname@example.org, or by pre-paid post to River House, 53–57 High Street, Kingston upon Thames, Surrey KT1 1LQ.
The Terms, and your relationship with Kingston University Higher Education Corporation under the Terms (including the subject-matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Services), are governed by English law. You and Kingston University Higher Education Corporation agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that Kingston University Higher Education Corporation shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Effective Date: 17th January 2014