Terms of use

TERMS OF USE

DATED 09/05/2016

1. Foreword

1.A. The website “www.sex-my-crowd.com” (the “Site”) is the exclusive property of SexMyCrowd.

1.By using this Site and the services (hereinafter “Services”) offered by SexMyCrowd, you agree to these Terms and Conditions (hereinafter the “Terms”). You also adhere to our Privacy Policy and agree to abide by our “Code of Ethics”.

These Terms may have to be modified. We will inform you of any changes by a warning message on the website or by email. Each new version of the TOS has no retroactive effect. The effective date will still be registered at the beginning of the TOS. Use of this site automatically implies acceptance of the Terms in effect at the time of site usage.

 

2. Services offered by the Company

Sex my Crowd doesn’t sale any product or service. The website provides a platform for hosting projects and allowing donators to fund projects. Sex my Crowd is an intermediate between project owner and donators. 

A) Linking and intermediation

The objective of the crowdfunding platform is to highlight and promote every accepted projects, by sharing on any digital or print support.

We provides a funding platform for creative projects. When a creator posts a project on Sex my Crowd , they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.

Sex my Crowd is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:

When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.

All along the process, the creators have their donors a high level of effort, honest communication and dedication to bring the project to life. At the same time, donors should understand that when they return project, they help to create something new – do not order something that already exists. There may be changes or delays, and there is a chance something could occur that prevents the designer to be able to complete the project as promised.

If a creator is unable to complete their project and complete the rewards, they failed to comply with the basic obligations of this agreement. To correct this, they must make every reasonable effort to find another way to bring the project to the best conclusion possible for donors. A creator in this position has remedied the situation and met their obligations to backers if:

  • an explication of what work has been done, how funds were used, and what prevents them from finishing the project as planned;
  • the work is done with diligently and good faith to bring the project to the best conclusion possible within that is communicated to backers;
  • a demonstration can prove that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
  • no false important statements in their communication with backers has been made;
  • they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.

The creator is solely responsible for the completion of the promises made in their project. If they are unable to meet the terms of the agreement, they can be subject to legal action by backers.

B) Fundraising

 Every project creator submits their project to Sex My Crowd. They defines and describes precisely their project and sets their funding goal and deadline. Then Sex My Crowd team determines if the project can be publish on the platform. Once published, if people like the project, they can make a pledge to support the project. In case the funding goal must be achieved for the project to be financed, no one is charged when the project fails, and pledge are canceled. In the other case, the funder is debited  for the amount he choose.

The platform allows to collect donations to allow funders to support one or several project(s). External service providers such as, but not limited to,  Paypal and Stripe, mediates the donation/payment process. Using their services implies acceptance of their terms and conditions.

If you create a project that is successfully funded, we (and our payment partners) collect fees. We applie a 5% fee to the funds collected. After deduction of 5%, the project owner will receive directly the funds from payment processor (Paypal, Stripe, …), as we only are intermediate, we will never collect the funds. Our partner’s fees may vary based on your location, currency, …

Each receiver of a payment (project owner & Sex my Crowd) will pay the processing fee according to the amount they receive.

  • When you’re backing a project:
    • You’re only charged if the project reaches its fundraising goal. When you pledge, you’re not not charged until the project’s has reached its fundraising goal before funding deadline. In the case the project hasn’t reached its goal, you will not be charged.
    • You can increase, decrease or cancel a pledge with one exeption. During the last 48 hours of the campaign, your pledge can not be modified. Once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with the creator.
    • The project’s estimation delivery date is the creator’s estimate.
    • You may have to answer creator’s questions to receive rewards. (mailing adress, size, color, …) You may transmit it in acceptable delay.
    • Maximum amount will be $1500 donation per contributor.
    • A single customer will be able to fund 3 times the same project.
    • Sex my Crowd doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project creator. We doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds.

 

  • When you’re creating a project:
    • Fees will be charged before putting funds in your account. Our payment partners will subtract fees before transmitting the proceeds of a campaign.
    • Your project duration can be up to 90 days.
    • You can create only one project at a time and up to 4 project per year.
    • If you have to, or if you want to, you can refund individual pledges. If you do, you will not have further obligation to that specific backer, and no agreement will exists anymore between you.

 

C) Countries supported by the platform:

Europe Countries, UK, Australia, Japan, Canada and USA

3. Create a user account

Only adults in their country of residence are allowed to post a project and fund a project.

If you ( “User”) meet the conditions, you will be allowed to open an account on the site. We reserve the right to ask you to provide proof of age at any time.

Opening an account is not required to navigate on the site but it is necessary when you want to access certain services such as submission projects or fund projects.

By creating an account you agree to provide complete and accurate information. You also agree not to use another person’s identity or use insulting or defamatory names. If you do not follow these rules, your account may be deleted by our team.

 

4. What requirement for project owner?

A) Identity

Each project owner must provide:

  •  A valid ID;
  • A recent (- 3 months) proof of residence such as electricity/water/… bill or tax bill;
  • A valid bank account;
  • A valid cell number;
  • A valid Paypal account;

Sex my Crowd will not sale or use this information, to know more about privacy please read Our Privacy .

 

B) Existing Business

Self-employed or company will be verified by Sex my Crowd.

Project owner has to provide official documents (may vary in function of the country of residence) to prove the existence of a legal structure.

Project owner has to provide a proof of its position and role in the company.

 

5. What kind of project can be submitted? (see also section 7)

A project owner can submit a project in categories listed below. To illustrate a project, a project owner has to respect some rules, please read section 8 about “What kind of content** are NOT ALLOWED on the platform ?”

A) Accessories

Any creative project related to fashion accessories such as bags, shoes, jewelry, belt, …

B) Agribusiness

Any creative project related to food industry, such as pasta, cakes, candy, …

C) Artistic projects

Any creative project related to Art such as photography, exposition, painting, …

D) Beauty

Any creative project related to cosmetics such as body cream, makeup, …

E) Events / Other concepts

Any creative project related to exhibitions, concerts, party.

F) Fashion

Any creative project related to fashion such as dresses, costumes, …

G) Films

Any creative (legal) movie making (see section 7 below)

H) Furniture / Decoration

Any creative project related to furniture and decoration such as chairs, tables, lamps,…

I) Games

Any creative project related to video games, board games, card games, …

J) Lingerie

Any creative project related to lingerie such as panties, bras, …

K) Literature

Any creative project related to books, e-books and magazines.

L) Physical structure

Any creative project related to the creation of a bar, cabaret, restaurant, dance club, …

M) Sex Toys

Any creative project related to sex toys.

 

6. What is forbidden

We expect our users to behave in a respectful and responsible manner so that Sex my Crowd is a fun and friendly place of exchange. We ask everyone to respect simple but essential rules:

  • Provide accurate data (name, age, …) ;
  • Do not make a commitment to a third party without written consent ;
  • Enforcing intellectual property rights to all content on the site (content provided by the company or by other members) ;
  • Do not harass other users of the site ;
  • Never use other users’ data for purposes other than those provided project funding: trade to the draft presented on Sex my Crowd ;
  • Do not corrupt the Site and not to circumvent or damage security systems ;

 

7. What kind of projects are NOT ALLOWED on the platform ?

7.a Prohibited projects :

Project Owners are not permitted to create a project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the project is claiming to do the impossible or it’s just fake, we will not publish it on the platform, and project owner account will be deleted and banish from the site. Users must comply with all applicable laws and regulations in connection with their project, including offering rewards and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns. Example of what is prohibited :

  • Child pornography ;
  • Content featuring minors ;
  • Illegal projects* such as but not limited to, narcotics, drugs, arms, pharmaceutical products, human traffic, …   ;
  • Project related to any sexual services such as, but not limited to, prostitution or pimping/hustling ;

7.b Prohibited rewards :

Project owners are not permitted to offer or provide any of the following as a reward:

  • illegal counterparts* such as but not limited to, sexual services, narcotic, … ;
  • vouchers for illegal counterparts*;
  • any form of financial incentive or participation in any profit sharing;
  • any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
  • any controlled substance or drug paraphernalia;
  • any weapons, ammunition and related accessories;
  • any form of lottery or gambling;
  • any human remains, such as bones or skulls;
  • any form of air transportation; or
  • any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.

8. What kind of content** are NOT ALLOWED on the platform ?

  • Offensive content, defamatory, insulting or undermining the dignity of a person;
  • The violent content and visually shocking;
  • Images or videos that are sexually explicit;
  • Show people or animals being hurt or degraded;

 

* Applicable law : French law
** Featured project images, pictures,videos comments, …