We may change these terms from time to time. If we do, we’ll let you know about any material changes by updating them on the Site or by sending you an email notifying you that they have been changed. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using F1Fund after a change, that means you accept the new terms.
You can browse F1Fund without registering for an account. But to use some of F1Fund’s functions, you’ll need to register, choose an account name, and set a password. When you do that, the information you give us has to be accurate and complete. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to us via Contact Us.
To sign up for an account, you need to be at least 18 years old.
All of the following actions are prohibited on our site.
F1Fund provides a funding platform for you to make your own campaign to solicit pledges or donations from other to help you with your cause. That is all we do. We do not guaranty or endorse your campaign and, of course, we are not obligated to help you find pledgors. Our job is to give you this useful, powerful and convenient platform to help you and make your job easier.
When pledgors make donations to your campaign, F1Fund is not a part of this relationship — this relationship is a direct legal agreement between campaign creators and their pledgors. Here are the terms that govern that agreement:
Campaign creators swear and affirm that all the information provided by them and in or on their campaign is true and accurate to the best of their ability to know or find out using reasonable care. Campaign creators acknowledge that the information provided in or on their campaign is the direct representations(s) inducing the pledgor to pledge to their campaign. As such, if any of the information in or on the campaign is false or misleading, campaign creators acknowledge that all persons who pledged to their campaign are harmed and all campaign creators realize that this may subject them to civil or criminal liability.
These are the terms that apply when you’re pledging to a campaign or campaign creator:
These are the terms that apply when you’re creating a project:
F1Fund isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release F1Fund from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
. By using our site, you agree in advance to the deduction of these fees from your campaign as negotiated. Fees are not negotiable after launch and are deducted from the gross (full) amount of pledges you receive during your campaign. If our fees ever change, we’ll announce that on our Site. The fees are collected by varying payment providers. Each payment provider is its own company and F1Fund isn’t responsible for its performance.
You’re responsible for paying any additional fees or taxes associated with your use of F1Fund.
F1Fund may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
F1Fund partners with other companies (such as PayPal and Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
F1Fund doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
F1Fund’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
F1Fund grants you a license to reproduce content from the Services for personal use only. This license covers both F1Fund’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from F1Fund or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. F1Fund complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:
Attn: Copyright Agent
707 N Shepherd Dr Ste 300
Houston, TX 77007
You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not remove the project from the Site.)
F1Fund reserves these rights:
F1Fund is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
F1Fund SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM F1Fund SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of F1Fund. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
To the fullest extent permitted by law, in no event will F1Fund, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall F1Fund’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
BY USING OUR SITE, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND RELEASE FM4L, INC., INCLUDING ANY PARENT, SUBSIDIARY OR RELATED COMPANY AND ALL OF ITS AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, FROM ANY LIABILITY CAUSED BY ANY NEGLIGENCE ON THE PART OF FM4L, INC. INCLUDING ANY ACTIONS OR INACTIONS, ERRORS OR OMISSIONS ON THE PART OF OR BY FM4L, INC.
We at F1Fund encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that F1Fund and its Services are deemed a passive website that does not give rise to jurisdiction over F1Fund or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of F1Fund, shall be filed only in the state or federal courts located in Houston, Harris County, Texas, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These Terms and the other material referenced in them are the entire agreement between you and F1Fund with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and F1Fund with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or F1Fund to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get F1Fund’s prior written consent. F1Fund has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. F1Fund will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
These updated terms went into effect on November 20, 2015, at 12 a.m. Central Time, and apply to all projects launched on F1Fund on or after that date.