Please read this Terms of Service agreement carefully before accessing or using GitFund. And feel free to email us at team@gitfund.io if you have any questions or complaints.

GitFund is a crowdfunding platform for open source projects. It is operated by Espians LLP (hereinafter referred to as "Espians", "we", "us", or "our"), a company incorporated in England and Wales.

Scope

These Terms of Service applies to gitfund.io, any APIs, communications and services we offer relating to GitFund (collectively referred to as "GitFund").

These Terms of Service do not apply to any website, product or service of any third party, or other websites/platforms operated by Espians.

Agreement

These Terms of Service constitute a legal document between you, as the user of GitFund, and Espians, as the owner of GitFund. Throughout these Terms of Service references to you/your are to you as the user of GitFund.

By using GitFund, you are accepting the conditions as defined in these Terms of Service. If you do not agree:

  • Please close any accounts you may have on GitFund,

  • Delete this site and any associated cookies from your browser,

  • And do not visit or use GitFund again.

Any continued use of GitFund will signify your acceptance of these Terms of Service. Violation of any of these terms will result in the termination of any accounts you may have on GitFund.

Privacy

The use of GitFund is subject to our current Privacy Policy, which is located at https://gitfund.io/site/privacy and is incorporated into these Terms of Service.

Intellectual Property

Your intellectual property is your own.

We may provide you with the means to upload, submit, distribute or otherwise post user-generated content on or through GitFund ("Content"). By making available any such Content:

  • You acknowledge and agree that you are solely responsible for all Content that you make available. Accordingly, you represent and warrant that you are either the sole and exclusive owner of all Content that you make available or have all rights, licenses, consents and releases that are necessary to grant the rights as required by these Terms of Service.

  • You grant Espians a worldwide, non-exclusive, irrevocable, perpetual (or for the term of the protection), transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, prepare derivative works of, distribute, license, sell, transfer, display, perform, transmit, and otherwise fully exploit ("Use") the Content in connection with GitFund and Espians' (and its successors and assigns) business, including without limitation for promoting and delivering GitFund in any media format and through any media channel (including, without limitation, third party websites).

  • You grant each user of GitFund a worldwide, non-exclusive license to access the Content through GitFund, and to Use the Content as permitted through GitFund's functionality and under these Terms of Service.

  • You agree to not assert against us any moral rights you may have relating to the Content, including the rights of integrity and attribution, so that we may reasonably operate GitFund.

  • You understand that you will not receive any payment for any of the rights granted above.

We do not claim any ownership rights in any such Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.

Content Restrictions

We may remove Content or terminate accounts containing Content that we determine at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Backing Projects

By backing a project on GitFund, as either a donor or a sponsor, you are giving us permission to charge you on a monthly recurring basis through any payment methods that you have authorised, until your backing is cancelled.

Backing a project does not give you any rights or control over that project.

If you back a project as a sponsor, your sponsorship link text, link URL, and image (your "Sponsor Profile"), will be displayed at random as part of the "Sponsored By" widgets. Your Sponsor Profile must satisfy the following conditions:

  • If you are sponsoring as an individual, then:

    • The link text must be your name or a pseudonym that you are publicly known by.

    • The link URL must point to your personal homepage, blog, or your social media profile.

    • The image must be a photo or avatar representing you as an individual.

  • If you are sponsoring on behalf of a company, then:

    • The link text must either be your company name, the brand name of one of your products, or text advertising a job opportunity or opportunities at your company.

    • The link URL must point to either your company website or blog, the website or blog of one of your products, the website or blog or page relating to your open source efforts, or a page relating to a job opportunity or opportunities at your company.

    • The image must be either your company logo or the logo of one of your products.

We may, at our sole discretion, cancel your sponsorship if for any reason we find your Sponsor Profile unsuitable for the type of community we are trying to build. So please avoid anything inappropriate.

Disclaimers

You use GitFund at your own risk.

GitFund is provided "as is" and on an "as available" basis, and we give no warranty that it will be free of defects and/or faults.

We make no warranty or representation (express or implied) that GitFund will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.

We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of GitFund or any information contained in it, to the maximum extent permitted by law.

We accept no liability for any disruption or non-availability of GitFund resulting from external causes including, but not limited to, communications network failure, power failure, host equipment failure, ISP (internet service provider) equipment failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms of Service excludes or limits the liability of Espians or its members, employees, agents, partners or suppliers for:

  1. death or personal injury caused by negligence;

  2. fraud or fraudulent misrepresentation;

  3. any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or

  4. any other matter in respect of which it is not permissible by law to exclude or limit liability.

Termination or Suspension of Service

We may terminate your access to all or any part of GitFund at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with any account(s) you may have on GitFund.

We may change, suspend, or discontinue GitFund (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the GitFund website.

We may also impose limits on certain features and services or restrict your access to parts or all of GitFund without notice or liability. However, these provisions do not limit your statutory rights.

All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Entire Agreement and Severability

These Terms of Service are the entire agreement between you and Espians with respect to GitFund, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Espians with respect to GitFund.

If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.

Assignment

These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent.

Espians may assign, transfer or delegate any of its rights and obligations hereunder without consent, unless such action is prohibited by applicable law.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

No Waiver

If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Governing Law / Jurisdiction

These Terms of Service shall be governed by and construed and interpreted in accordance with the laws of England and Wales.

In addition you and we each agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, these Terms of Service.

Changes to these Terms

We may change these Terms of Service at any time and without prior notice, at our sole discretion. It is your responsibility to check the Terms of Service periodically for any such changes.

Your continued use of GitFund after any change in these Terms of Service will constitute your acceptance of such change.

This document was last updated on 2017-07-26.