Oro Negro

Terms of Use

Effective May 12, 2018; Version 4.0

If you want to read our Privacy Policy, just follow this link

Index

• Definitions of Terms
• Identity of The Crowd Versus
• General
• Eligibility to use the Service
• Your Account
• Your Privacy
• Your (Monthly) Donations
• Payments
• Risk, liability and indemnity
• Assignment
• Termination
• Disclaimer
• Notification procedures
• Entire agreement / severability
• Intellectual property rights
• No legal advice
• Change of terms
• Governing law and court
• English language
• Contact us

Definitions
In these Terms of Use the following terms shall have the following meanings, where the singular shall also be meant to include the plural:

• “Account”: the account that Users need to use the Service;
• “Content”: the information, updates, photographs, and any and all materials placed on the Website, anywhere and by either the Fundraisers and/or The Crowd Versus, including its directors, board members, officers, employees, agents, subcontractors, or licensors;
• “Contributors”: individuals, or others within certain parameters, who donate to the Fundraisers;
• “Donations”: monthly or one-time money Contributors donate to the Cases;
• “Fundraisers”: other nonprofit organizations using the Service offered by The Crowd Versus to raise Donations for legal actions against fundamental social and/or environmental and/or economic injustices;
• “The Crowd Versus”, “we”, or “our”: Stichting The Crowd Versus, founded on March 10 2014 with the purpose to raise Donations for legal actions against social, environmental and economic injustices;
• “Cases”: Cases published on the Service to raise Donations for Fundraisers in support of their legal actions against fundamental social and/or environmental and/or economic injustices;
• “Service/Site/Website”: websites and services including any widget offered by The Crowd Versus;
• Pursuant to new guidelines under European privacy regulations, the “General Data Protection Regulation” or “GDPR”; in Dutch: Algemene Verordening Gegevensbescherming, AVG)
• “Terms”: these Terms of Use;
• “Users” or “You”: Fundraiser(s), Contributor(s), Customer(s) and other user(s) of the Service.

Identity The Crowd Versus

• Registered address: Jan van Nassaulaan 102, 2596 WB, The Hague, The Netherlands
• Chamber of Commerce number: 60200669
• VAT identification number: NL NL853806354B01
• The Dutch Tax Administration has designated The Crowd Versus to be an “Public Benefit Organization” (Dutch: Algemeen Nut Beogende Instelling, ANBI).
• Telephone number: +31 (0) 70 221 0362
• Email address: support@thecrowdversus.org.

General

1. These Terms govern your use of the Service and every Donation you make via the Service.
2. Prior to your initial donation, the content of these Terms will be made available to you.
3. The Crowd Versus expressly states that, because of the nature of Cases, and because a legal action can last many years due to rules, laws and regulations in effect in the country of the Case, each Case is targeting for monthly recurring donations to enable the Fundraisers to better budget for the (legal) contingencies and ramifications arising out of the Case.
4. The Crowd Versus states that, pursuant to the GDPR, The Crowd Versus is going to adopt a Personal Data Privacy Policy within the Policy to protect and safeguard you, the User. The person designated the Official for keeping the records according to the GDPR (in Dutch: Functionaris) is the Platform Coordinator. You have the right to know which specific personal data The Crowd Versus gathers during your website visit; you have the right to have this data corrected; you have the right to ask for this data to be deleted; and you have the right to know how your personal data will be treated.
5. By using the Service, you agree to be bound by the Terms current at the date you submit your Donation. You are responsible for reviewing the latest Terms and conditions each time you submit your Donation.
6. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your continued compliance with these Terms.
7. The Crowd Versus may amend the Terms at any time by posting a revised version of the Terms on our website
8. Your access to or continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Eligibility to use the Service

9. Users are not eligible to use the Service without parental consent if they are under 18 years of age. If you are between the ages of 13 and 17, Users can use the Service with the consent and supervision of their parent or legal guardian, who is at least 18 years old, provided that their parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for their use of the Service.
10. Users are not eligible to use the Service if users have previously been suspended from using the Service for any reason, and we have not explicitly authorized users to resume using the Service.
11. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove, or suspend a Case or the Service at any time for any reason without liability.
12. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the Site and Services. Access to the Site and Services from territories where the Site and/or Services are illegal is strictly prohibited.
13. By donating Donations through the Site, you represent and warrant that any Donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected.

Your Account

14. For you to be able to make a Donation, you must have a registered Account.
15. You only have the right to register one (1) Account on the website.
16. We reserve the right to delete duplicate Accounts and deny any Users who do not comply with our Terms the right to use their Account. We may also edit or delete these Accounts as part of our virtual householder’s rights.
17. When you register an Account, you will be requested to provide some personal details including your email address, home address, your country of residence, and a password. If you do not provide this information, we will not register an Account and you will not be able to make a Donation on the website. We will notify you by email when your registration is completed.
18. You are responsible for assuring that all information you enter as part of the registration process is correct and complete, and for keeping the information up-to-date after your registration.
19. If you provide any information that is inaccurate, or The Crowd Versus has reasonable grounds to suspect that such information is inaccurate, The Crowd Versus may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
20. You are responsible for keeping your personal log-in information secure and confidential.
21. You are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify The Crowd Versus immediately of any unauthorized use of your password or account or any other breach of security at support@thecrowdversus.org. The Crowd Versus assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. The Crowd Versus has the right to reclaim any User names or URLs for any reason. The Crowd Versus will carry out a een data protection impact assessment (DPIA) pursuant to the regulations of the GDPR, when you have notified The Crowd Versus of any breach or compromise of your Account.
22. You may correct and/or delete your Account at any point in time, which will also stop the monthly recurring Donation, if any are in effect, by sending an email with consistent wording to this effect to support@thecrowdversus.org. The Crowd Versus will take reasonable steps to have your personal data removed from its Website, Fundraiser’s records and Ambassador’s records within 30 days of such notice.
23. You are solely responsible for all information you enter into any publicly accessible areas (e.g. reviews). No entries may encroach upon third party rights. We are not obliged to save or publish your entries.
24. You are to refrain from any disruption of the Service and the use of any accessible information outside its intended use of the Service. Any manipulation of the Service with the purpose to fraudulently obtain money at a disadvantage to The Crowd Versus or other users will result in legal action and a loss of access to the Service.

Your Privacy

25. We know your personal information is important to you, so it is important to us. The personal information which you provide in your Account will be stored and processed by The Crowd Versus in the manner stated in The Crowd Versus’ privacy policy on: Privacy Policy. Your use of the Service constitutes your agreement to our Privacy Policy.
26. By approving the Agreement and/or by making a Donation, the Contributor automatically accepts the use of cookies on the Service.

Your Donations

27. Contributor agrees and acknowledges that:

• • All Donations are made voluntarily and at Contributor’s sole discretion and risk.
  • All recurring Donations are made on a recurring, monthly basis, to be repeated 1 month after the initial Donation, and recurring every month thereafter; until and unless the Contributor chooses to end the recurring Donation on Contributor’s Account page on the Service, or sending an email to support@thecrowdversus.org, or altering the Method of Payment, thereby effectively ending the means of contributing to the Fundraiser’s Case. Alternatively, when and if the Case is terminated, the monthly recurring Donation will be cancelled by The Crowd Versus, and the Contributor will be properly informed via email of the completion of the Case.
  • Instead of monthly recurring Donations, Contributors may decide to give a one-time donation.
  • All Donations to Fundraisers are made as unrestricted gifts and may not be specified for any particular purpose.
  • All Donations are final and not refundable.

28. Fundraisers will receive all Donations after deduction of a 5% Project Fee (which includes all payment fees) and 15% Campaign Fee (to cover all cost to promote the Case via various communication channels).
29. You are solely responsible for determining how to treat your Donation for tax purposes. The Crowd Versus will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by User.
30. The Crowd Versus does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality, or legality of any Case, or the truth or accuracy of content posted on the Service.
31. The Crowd Versus is under no obligation to become involved in disputes between Fundraisers, Contributors, or any third party.
32. The Crowd Versus does not guarantee that Donations will be used as promised by the Fundraiser, or that the Case will achieve its goals.
33. To avoid conflicts of interest, companies and governments are excluded from donating donations to Cases. Companies with a charitable mission or a mission in line with The Crowd Versus’ mission, such as B Corporations and social enterprises, can make donations to Cases. The Crowd Versus shall at all times have the right to accept or reject donations from such companies.
34. Donations from charitable organizations, philanthropists, entities, and law firms are allowed only if they have no conflicting interests and after approval by The Crowd Versus.

Payments

35. To enable and secure you to make payments via the Service for your Donation,The Crowd Versus partners with:
    • Stripe, an electronic payment solution offered by Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, which offers various methods of payment that are governed by the Stripe Terms & Conditions.
    • PayPal, an electronic payment solution offered by PayPal (Europe) S.à r.l. et Cie, 22-24 Boulevard Royal, L-2449 Luxemburg listed under number B118349 of the Luxembourg Trade and Company Register, which offers their method of payment governed by the PayPal User Agreement for Paypal Service.

36. You undertake that the credit or debit card, or account or other payment method, which you use, is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
37. Your card will be charged on the date you donate your Donation via the Service.
38. The Crowd Versus will appear on your payment statement.
39. The Crowd Versus does not store credit or debit card details.

Risk, liability and indemnity

40. The Service is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties, express or implied. Use of the Service is at your own risk.The Crowd Versus has no fiduciary duty to you.
41. The Crowd Versus (including its directors, board members, officers, employees, agents, subcontractors or licensors) is not liable for any indirect, punitive, incidental, special, consequential or exemplary damages or, in any event, for damages exceeding one hundred euros (€100). This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Crowd Versus has been advised of the possibility of such damage and to the fullest extent permitted by law in the applicable jurisdiction.
42. For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of the Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not accept liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
43. You agree to defend, indemnify and hold harmless The Crowd Versus, its officers, board members, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Service, breach of these Terms or violation of any law. The Crowd Versus may assume the exclusive defense and control of any matter for which you have agreed to indemnify The Crowd Versus and you agree to assist and cooperate with The Crowd Versus in the defense or settlement of any such matters.

Assignment

44. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned byThe Crowd Versus without restriction or consent.

Termination

45. Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting and legal compliance procedures. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 Disclaimer

46. Fundraisers should be aware that many countries and states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Fundraisers to connect with Contributors. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law.

Notification procedures

47. You agree The Crowd Versus may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.

Entire agreement / severability

48. These Terms are the entire agreement between you and The Crowd Versus regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The Crowd Versus’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Intellectual property rights

49. The Crowd Versus logo may not be used for personal financial gain. Use of The Crowd Versus logo is prohibited without The Crowd Versus’ express written consent except as permitted by applicable laws.
50. We are the licensee of all intellectual property rights in the Websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
51. You must not use any part of the materials on the Websites for commercial purposes without obtaining a license to do so from us or our licensors.
52. If you believe that any Content infringes your intellectual property rights and is accessible via the Service or in connection with our promotion of the Service, please notify The Crowd Versus at support@thecrowdversus.org. “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. Your complaint must provide the following information in writing (“Notice of Infringement”):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complainant”).
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Crowd Versus to locate the material.
• Information reasonably sufficient to permit The Crowd Versus to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• If you knowingly misrepresent that Content is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorney’s fees.

No legal advice

53. Nothing contained in the Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult your own attorney.

Change of terms

54. The Crowd Versus may alter these Terms at any time, so please review them frequently. If a material change is made, The Crowd Versus may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at The Crowd Versus’ sole discretion, in good faith, and using common sense and reasonable judgment.

Governing law and court

55. You agree that all Services of The Crowd Versus shall deemed to be solely based in The Netherlands. You agree that these Terms, any Agreement between you and The Crowd Versus and all rights and obligations arising from them shall be exclusively governed by – and construed in accordance with – the laws of The Netherlands. You hereby explicitly agree and consent that any lawsuit, action or proceeding arising out of or brought to enforce any of the provisions of this Agreement, which cannot be resolved by amicable resolution, shall exclusively be brought in any appropriate court of The Netherlands. You hereby waive any right you may have to bring a case to any court outside of The Netherlands.

English language

56. In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms will govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

Contact us

If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at support@thecrowdversus.org.