Terms of Use

  1. The following Terms and Conditions (The “Terms of Use”) govern use of the website and services (the "Services") of MMB Creative, LLC, an Illinois corporation together with its affiliate, Kinkfunder.com (collectively, “Kinkfunder”), in addition to any supplemental terms applicable to any particular features, content, and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms of Use. By using the Services, Users agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws, and all conditions or policies referenced here (collectively, the "Terms"). If you object to anything in the Terms, you are not permitted to use the Services. Kinkfunder may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
  2. Kinkfunder is a Market or Venue
  1. Kinkfunder is a platform or marketplace
  1. Kinkfunder is an online crowdfunding platform to connect people and entities seeking to raise funds for their own Projects and to contribute to the Projects of others. Through the website, email, and other media, the Services makes accessible a variety of content, including, but not limited to, photographs, images, artwork, video, audio, comments, graphics, text, and other material and information, and associated trademarks and copyrightable works (collectively referred to as the “Content”). Content Creators, Funders, and Users of the Services may have the ability to contribute or submit Content to the website.
  1. Eligibility to Use Services
  1. All Users must be 18 years old to access the site or use the Services.
  2. Termination and Suspension
  1. Users who have been suspended from using the Services are not eligible to use the Services. Kinkfunder reserves the right to refuse use of the Services to anyone as well as to cancel, reject, interrupt, remove, or suspend any Project Campaign, Contribution, or the Services in general at any time for any reason without liability.
  2. In addition to terminating or suspending a User’s account, Kinkfunder reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.
  3. This Agreement will remain enforceable against Users even after the right to use the Services is terminated or suspended.
  4. Users may terminate this Agreement at any time by ceasing all use of the Services. All sections which, by their nature, should survive the expiration of this Agreement will continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
  1. Projects
  1. Kinkfunder makes no representations about the quality, safety, morality, or legality of any Project, Award, or the truth or accuracy of the User Content posted on the Services.
  2. Prohibited Projects
  1. Users are not permitted to create or fund a Project that raises funds for illegal activities. Users must comply with all applicable laws and regulations in connection with their Projects. The following is a list of prohibited content, but is not all-inclusive:
  1. Illegal projects: including without limitation, violation of laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights, or encouragement or providing instructions to another to do so
  2. Depicting any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority)
  3. Depicting child pornography, rape, snuff, torture, death, violence, or incest, racial slurs or hate speech, (either verbally or via the written word)
  4. Bestiality or any harm to or use of animals
  5. Any project for which the Creator has not abided by the record-keeping provisions of 18 USC 2257
  1. If a User comes across questionable material or Projects, please email contact@kinkfunder.com.
  1. Rewards
  1. Creators, at their own discretion, can offer Rewards for Funders who donate a certain, previously agreed upon amount to their Project. Rewards must not violate any law and should be something that the Creator can deliver upon.
  2. Prohibited Rewards
  1. Creators are not permitted to offer or provide any of the following as Rewards:
  1. Any form of “security” as defined in the Securities Act of 1933
  2. Any form of financial incentive or participation in any profit sharing
  3. Any alcoholic consumer products
  4. Any controlled substances or drug paraphernalia
  5. Any weapons, ammunition, and related accessories
  6. Any form of lottery or gambling
  7. Any form of air transportation
  8. Any items prohibited by applicable law to possess or distribute, that would violate applicable law if distributed, or that would result in infringement or violation of another person’s rights if distributed.
  1. Creators
  1. Creators can refund individual pledges if desired. After project has been funded, Creators can cancel and refund a Funder’s pledge at any time. If the Creator does this, he or she no longer has a further obligation to that specific Funder, and no agreement exists between the two parties.
  2. Kinkfunder will withdraw all fees before depositing the proceeds of the campaign in the Creator’s account.
  3. Creators are permitted to offer Rewards to Funders. Creators are legally bound to perform on any promise or commitment made to Funders (including delivery of Rewards). Creators will respond promptly and truthfully to all questions posed to them by Kinkfunder or any Funder.
  4. If Creator is unable to fulfill any of its commitments to Funders, the Creator will work with said Funders to reach a mutually satisfactory resolution.
  5. Creators will comply with all applicable laws and regulations in the use of contributions and delivery of Rewards. Creators are responsible for collecting and remitting any taxes on contributions, and any taxes due in connection with Rewards.
  6. Creators must be compliant with the record-keeping regulations found in 18 USC 2257.
  7. Creators must abide by the prohibited content rules found in these Terms.
  1. Funders
  1. Funders’ payments are withdrawn at time of contribution. In a fixed, all-or-nothing Campaign, the proceeds will be returned in full to the Funder if the Project fails to reach its fundraising goal. However, in a Flexible Campaign, proceeds donated are kept by the Creator.
  2. Funders can alter or cancel their pledge at any time before the project’s funding deadline (with one exception). During the last 24 hours of a campaign, Funders cannot decrease or cancel pledge without contacting Kinkfunder first- if that action would drop the project below its funding goal. Once the deadline has passed and the project has been funded, Funders can only cancel or change their contributions through an agreement made directly with the Creator.
  3. The Project Delivery Date is only an estimate- not a guarantee to fulfill by that date.
  4. The Creator may need to contact the Funder directly concerning questions related to the Reward. Funders need to provide the information in a reasonable amount of time.
  5. Kinkfunder does not offer refunds. Responsibility for completing a project lies solely with the Creator. Kinkfunder does not hold funds on anyone’s behalf and cannot guarantee Creator’s work.
  6. Funders are solely responsible for asking questions and investigating Creators and Campaigns to the extent they feel necessary before making a contribution. All contributions are made voluntarily and at the sole discretion and risk of the Funder.
  1. Transactions
  1. Kinkfunder.com and MMB Creative, LLC will not be a party to any contracts for services. Users of the Services fund other Users and Kinkfunder facilitates these agreements by supplying a platform or marketplace for the exchange of money. Kinkfunder does not take part in the interaction between Users. Moreover, Kinkfunder does not have control over the quality, timing, legality, failure to provide, or any Content provided or delivered by a User.
  2. Kinkfunder does not represent that Creators will deliver Rewards or that contributions will be used as described in the project. When interacting with Users, you should exercise caution and common sense. NEITHER KINKFUNDER.COM NOR MMB CREATIVE, LLC, NOR ANY AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICE- WHETHER ONLINE OR OFFLINE. KINKFUNDER.COM, MMB CREATIVE, LLC, AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. Users use the Services at their own risk.
  3. Project Funding Approaches
  1. Fixed
  1. With the Fixed, All or Nothing funding approach, Users donate funds through Dwolla which are immediately withdrawn from the User’s personal account. Upon completion of successful funding, the money will be transferred to the Creator within 7 to 10 business days following the close of the campaign. If funding goals are not met, funds will be returned in full to the User’s personal account via Dwolla within 7 to 10 business days following the close of the campaign.
  1. Flexible
  1. Projects that are designated as Flexible mean the Creator can keep all funds raised-regardless of whether the funding goal is met. If a Project can be completed without meeting the goal, Creators are recommended to use this option.
  1. Creators can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Rewards”) to Funders who meet the required donation amount. Rewards are not offered for sale.
  2. Once a campaign is successfully funded, the Creator must complete the project and fulfill each Reward. Once the Creator has done so, their obligation to the Funders is satisfied.
  3. Duties During Completion Phase
  1. Throughout the process to complete the funded project and fulfill Rewards, Creators owe their Funders a high level of effort and dedication to bring the project to fruition. This includes honest and open communication with Funders in responding to questions and concerns as well as providing status updates when necessary.
  2. Funders have a duty to understand that they are helping to create something completely new- not ordering a product that already exists. Minor challenges may arise in this process and a reasonable level of patience is required.
  1. Community Guidelines and Prohibited Activities
  1. Kinkfunder is a sex-positive, safe, and friendly platform. Hate, discrimination, disrespect, harassment, and spam will not be tolerated. Users specifically agree to not:
  1. Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
  2. Act in a manner that negatively affects other Users’ ability to use the Services, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
  3. Post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
  4. Post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
  5. Post any Content depicting child pornography, rape, snuff, torture, death, violence, or incest, racial slurs or hate speech, (either verbally or via the written word);
  6. Post any Content that contains falsehoods or misrepresentations that could damage the Website or any third party;
  7. Post any Content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  8. Post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
  9. Post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
  10. Post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
  11. Post any Content which impersonates another person;
  12. Deploy programs, software or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  13. Deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
  14. Exceed your authorized access to any portion of the Services;
  15. Remove, delete, alter, circumvent, avoid or bypass any digital rights management technology;
  16. Collect or store personal data about anyone;
  17. Alter or modify without permission any part of the Services or its content, including ads;
  18. Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Services;
  19. Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.
  1. Please flag any violations by sending a brief email to contact@kinkfunder.com.
  2. Kinkfunder reserves the right to remove Project Campaigns and terminate User Accounts for such activities.
  1. Disputes between Funders and Creators
  1. CREATORS ARE LEGALLY BOUND TO PERFORM ON ANY PROMISE AND/OR COMMITMENT TO FUNDERS INCLUDING DELIVERY OF REWARDS. If a Creator is ultimately unable to materially complete the project or fulfill Rewards, they have failed to live up to the agreement. Every reasonable effort must be taken by the Creators to find a way of bringing the project to the best possible conclusion for Funders.
  2. Creators are solely responsible for fulfilling the promises made in their project campaigns. If they are unable to satisfy the terms of their agreements, they may be subject to legal action by the Funders.
  3. Kinkfunder will not become involved in disputes between Users. Additionally, Kinkfunder will not be liable for Creators or Funders failing to satisfy the terms of their agreement under any circumstances. Kinkfunder does not oversee the performance of projects and does not endorse any content Users submit to the site. When Users use the Services, the User releases Kinkfunder from claims, damages, and demands of any kind- known and unknown, suspected or unsuspected, disclosed or undisclosed- arising out of or in any way related to such disputes and the Services. All content Users access through the Services is done at the User’s own risk. Users are responsible for any resulting damage or loss to any party.
  1. User Accounts
  1. User Account information must be accurate and truthful.
  2. Users must notify Kinkfunder immediately if their User Account has been used without authorization or if there has been any other security breach of their Account. Users agree to provide any additional information Kinkfunder may reasonably request and to answer truthfully and completely any questions Kinkfunder may ask in order to verify User Identity.
  3. The User is the sole authorized user of their Account. As such, User is responsible for maintaining the confidentiality of any password or account number provided for accessing the Services.
  4. The User is solely and fully responsible for any and all activities that occur under their Account. Kinkfunder has no control over any User account and expressly disclaims any liability derived therefrom.
  1. License to Users
  1. Kinkfunder grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to the User’s eligibility and continued compliance with the Terms.
  1. Fees
  1. User accounts are free to set up
  2. No transaction fees are charged to the Funders
  3. Creators are charged as a portion of contributions they raise. By using the Services, Creators agree to the Service Fees listed below:
  1. Fees are only collected on successfully funded Projects:
  1. By meeting the funding goal on a Fixed Project or
  2. By collecting funds in a Flexible Project
  1. Fees will be set when Kinkfunder works with Creator to start campaign and can range from 5 to 20% of funds collected.
  2. It is recommended that Creators build this fee into the amount asked for in the campaign.
  1. Changes to fee schedules are effective after notice of changes is posted on the Services. Any changes will apply only to projects launched after the notice is posted.
  1. Billing and Payment Policy
  1. For all payments and fees, Kinkfunder will withdraw funds in the amount agreed upon between the Users and Kinkfunder for the use of the Service, and Users hereby authorize Kinkfunder to withdraw such amounts.
  2. Users will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Kinkfunder’s income).
  1. Refunds
  1. Kinkfunder is not responsible for, and will not issue refunds.
  2. If a Creator is unable to perform on any promise or commitment to the Funder (including Rewards), it is up to the Creator to work with the Funder to find a mutually satisfactory resolution, which may include the issuance of a refund of contributions made by the Funder. At no point will Kinkfunder be a party to this agreement.
  1. Taxes
  1. Taxing authorities may classify funds raised on the Services as taxable income to the Creator. Kinkfunder may ask for the tax identification number of Creators so that taxable income may be reported to relevant authorities. Kinkfunder will provide Creators with a tax document if required by relevant authorities.
  1. Employment and Withholding
  1. The Services is not an employment service and does not serve as an employer of any User. As such, Kinkfunder will not be liable for any tax or withholding, including but not limited to, unemployment insurance, social security, employer’s liability, or payroll withholding tax in connection with Users’ use of the Services.
  2. User agrees that if Kinkfunder is found to be liable for any tax or withholding tax in connection with User’s use of the Services, User will immediately reimburse Kinkfunder an equivalent amount, including any interest or penalties.
  1. User Content
  1. While using Kinkfunder, Users may post photos, videos, text, artwork, logos, graphics, or other audio and visual material. User grants Kinkfunder a perpetual, non-exclusive, royalty-free, transferable, sublicenseable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities.
  2. As between Users and Kinkfunder, Users continue to hold all ownership interest in their User Content.
  3. Each User represents and warrants that its User Content and our use of such User Content will not infringe on any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity, or otherwise violate these Terms and Conditions or applicable law.
  1. Kinkfunder Intellectual Property
  1. All text, graphics, data, formatting, designs, HTML, photographs, designs, images, sounds, and other audio and visual material content (collectively “Proprietary Material”) that is on the Service, unless expressly noted, is owned by Kinkfunder. This is in exclusion of User Generated Content that Kinkfunder has the right to use. Kinkfunder Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed.
  2. Kinkfunder owns all Proprietary Material as well as the arrangement, enhancement, and coordination of the material as a Collective Work under the United States Copyright Act. Kinkfunder’s Proprietary Material is protected by the domestic and international laws of copyright, patent, and other proprietary rights and laws.
  3. Users may not copy, download, use, reconfigure, redesign, or retransmit anything from the Services without Kinkfunder’s express prior written consent. Any such use of the Proprietary Material, other than as permitted herein, is expressly prohibited.
  4. The trademarks and service marks of Kinkfunder, including Kinkfunder.com and the Kinkfunder logo are service marks owned by Kinkfunder. All other service marks, trademarks, and logos appearing on the Services are the property of their respective owners and Users may not copy or use any of these marks without their express prior consent.
  1. Promotions
  1. Kinkfunder may, from time to time, offer certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of Kinkfunder and can be activated, modified, or removed at any time by Kinkfunder without advance notification.
  2. Users may not offer any contest, competition, sweepstakes, or giveaway without prior written permission from Kinkfunder.
  1. Third-Party Websites, Advertisers, or Services
  1. Links from the Services to other websites do not constitute the endorsement by Kinkfunder of those sites or their content. Kinkfunder does not control any such sites and is not responsible for their content. It is the User’s responsibility to evaluate the content and usefulness of the information obtained from these external sites.
  2. Users access third-party sites at their own risk. Kinkfunder expressly disclaims any liability arising in connection with User’s use of any websites or other material associated with links that may appear on the Services. Users agree to hold Kinkfunder harmless from any liability that results from the use of links that may appear on the Services.
  1. Indemnity
  1. Each User agrees to defend, indemnify, and hold harmless MMB Creative, LLC, Kinkfunder, its subsidiaries and affiliated companies, and their officers, employees, attorneys, 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 use of the Services, breach of these Terms, or violation of any laws. MMB Creative, LLC and Kinkfunder may assume the exclusive defense and control of any matter for which Users have agreed to indemnify MMB Creative, LLC and Kinkfunder and each User agrees to assist and cooperate with MMB Creative, LLC and Kinkfunder in the defense or settlement of any such matters.
  1. Warranty Disclaimer
  1. KINKFUNDER HAS NO FIDUCIARY DUTY TO ANY USER.
  2. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE.
  3. KINKFUNDER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITE LINKED TO THE SERVICES AND KINKFUNDER ASSUMES NO LIABILITY FOR ANY:
  1. ERRORS MISTAKES, OR INACCURACIES OF THE CONTENT
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF KINKFUNDER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
  1. KINKFUNDER DOES NOT WARRANT, GUARANTEE, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FETURE IN ANY BANNER OR OTHER ADVERTISING AND KINKFUNDER WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN.
  2. NEITHER KINKFUNDER NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
  3. NEITHER KINKFUNDER NOR ITS AFFILIATES/LICENSORS WARRANT THAT THE SERVICES IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
  4. KINKFUNDER CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, OR USED BY OTHERS.
  5. KINKFUNDER DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A USER AND DOES NOT RECOMMEND ANY PARTICULAR CREATOR. KINKFUNDER DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY CREATOR’S PROFESSIONAL ACCREDITATION, REGISTRATION, LICENSE, OR LEGALITY.
  6. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
  1. Waiver and Release
  1. For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
  1. Limitation of Liability
  1. MMB CREATIVE, LLC and KINKFUNDER (INCLUDING ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR LICENSORS) ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO KINKFUNDER FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KINKFUNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  1. Assignment
  1. The terms and any rights or licenses granted hereunder may not be transferred or assigned by any User, but may be assigned by Kinkfunder without restriction or consent.
  1. Termination
  1. Termination may result in the forfeiture and destruction of all information associated with a User account.
  2. Kinkfunder may retain the User Account information after termination in accordance with legal, regulatory, or accounting compliance procedures.
  3. All provisions of these Terms that should survive termination, survive termination including: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  1. Dispute Resolution
  1. INFORMAL NEGOTIATIONS. By way of expediting resolution and reducing the cost of a dispute, controversy, or claim related to this Agreement, the User and Kinkfunder agree to first attempt to negotiate any dispute informally for a minimum of thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Kinkfunder.
  2. Kinkfunder’s legal address is:
  1. 111 S. Lincoln St., Batavia, IL 60510
  1. Governing Law
  1. Users agree that:
  1. These terms (and all other rules or policies incorporated by reference) will be governed by and construed in accordance with the laws of the State of Illinois 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 the International Sale of Goods.
  2. Kinkfunder and the Services shall be deemed a passive website that does not give rise to jurisdiction over Kinkfunder or its parents, affiliates, assigns, employees, agents, officers, either specific or general, in any jurisdiction other than the State of Illinois.
  3. Any action arising out of or relating to these Terms, or User’s use or non-use of the Services, shall be filed only in the state or federal courts located in Cook County in the State of Illinois, and Users hereby consent and submit to personal jurisdiction of these courts for the purposes of litigating any such action.
  4. Users of The Services irrevocably waive any right they might have to trial by jury in any dispute, action, or proceeding.
  1. Binding Arbitration
  1. Each User agrees that any and all claims or disputes that have arisen or may arise between User and Kinkfunder relating in any way to, or arising out of, this or any previous versions of the Terms or User’s use or access to the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that such User may assert claims in small claims court, if such User claims qualify. The Federal Arbitration Act governs this agreement to arbitrate.
  2. To begin an arbitration proceeding, a User must send a letter requesting arbitration and thoroughly describing the claim to our registered agent at 111 S. Lincoln St., Batavia, IL 60510
  3. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules can be found at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
  4. A User may elect to have the arbitration conducted by telephone, based on written submissions, or in person in the county where such User lives, or at another mutually agreed location.
  5. Users agree that any dispute resolution proceeding will be conducted on an individual basis and not in a class, consolidated, or representative action. USERS ACKNOWLEDGE AND AGREE THAT USER AND KINKFUNDER ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
  6. If claim goes to court instead of arbitration, User waives right to jury trial.
  7. User and Kinkfunder both agree that either may bring suit in court to enjoin infringement or other misuse of IP rights.
  8. If claim proceeds to court instead of arbitration, the dispute shall be brought exclusively in a court of competent jurisdiction located in the City of Chicago, Cook County, Illinois.
  9. Subject to the arbitration provisions above, the successful party will be entitled to receive from the loser all of its reasonable attorney’s fees, costs, and disbursements.
  1. Disclaimers
  1. Users who access the Services do so at their own volition and are entirely responsible for compliance with applicable law.
  1. English Language
  1. If conflict between these, the English Language Version of the Terms, and any foreign language translation version thereof, the English Version governs and controls.
  2. All disputes, claims, causes of action and related proceedings will be communicated in English.
  3. Unless otherwise expressly stated, all materials found on the Services are solely direct to individuals, companies, and entities located in the United States.
  1. Export Compliance
  1. Users agree to comply with all laws and regulations relating to the export of products and information.
  2. For the purposes of the US Export Administration Act, each User states that such User is:
  1. Not a citizen or located within an embargoed nation like Iran, Syria, or North Korea.
  2. Not otherwise prohibited under the US EAA from receiving such products and information.
  1. Funds may be frozen and turned over to the appropriate governmental agency if a User Project is deemed to be in violation of the US EAA.
  1. Cooperation with Authorities and Police Enforcement
  1. We fully cooperate with authorities as required by law.
  1. Notification Procedure
  1. Users agree that Kinkfunder may provide notifications to Users via email, written or hard copy notice, or through conspicuous posting of such notice on our website.
  1. Unsolicited Idea Submission
  1. Users are welcome to send Kinkfunder their ideas, but when a new product/service/feature developed by Kinkfunder is similar to a submission received by Kinkfunder, the following policy applies to all Users:
  1. All submissions shall be considered non-confidential and non-proprietary
  2. Kinkfunder has no obligation concerning the submission- contractually or otherwise (including, without limitation, confidentiality)
  3. Kinkfunder will not be liable for any use or disclosure of any submission
  4. Kinkfunder shall be entitled to unrestricted use of any submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
  1. DMCA Complaints
  1. If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") or that any User Content infringes such User's intellectual property rights and is accessible the Services, please notify Kinkfunder's Legal Department at contact@kinkfunder.com.
  2. “Infringement” means the unauthorized use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the “Complainant”) must provide the following information IN WRITING (the “Notice of Infringement”):
  1. The physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. Identification of the material that is claimed to be infringing or 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 Kinkfunder to locate the material (for example, the URL where it is posted).
  4. Information reasonably sufficient to permit Kinkfunder to contact the Complainant, such as an address, telephone number, and if available, email address at which the Complainant may be contacted.
  5. A statement that the Complainant has a good faith belief that the use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
  6. 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.
  1. The above information must be submitted to the Kinkfunder DMCA agent (the “DMCA Agent”) by mail and email to the following addresses:
  1. 111 S. Lincoln St., Batavia, IL 60510, Attention: DMCA Agent
  2. contact@kinkfunder.com
  1. If any User (the "Respondent") believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
  1. a physical or electronic signature of the Respondent;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  4. the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent's address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
  1. Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Kinkfunder, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
  2. KINKFUNDER WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
  3. In accordance with the DMCA and other applicable laws, Kinkfunder has adopted a policy of terminating, in appropriate circumstances and at Kinkfunder's sole discretion, repeat infringers.
  1. Subpoenas
  1. All subpoenas must be properly served on Kinkfunder preferably by mailing the subpoena to 111 S. Lincoln St., Batavia, IL 60510, our registered agent.
  2. KF does not accept service via email or fax and will not respond to subpoenas delivered in these methods.
  1. Entire Agreement/Severability

These Terms and the material referenced in them are the entire agreement between Users and Kinkfunder with respect to the Services. These Terms supersede all other communications and proposals between Users and Kinkfunder with respect to the Services. If any provision of the 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 will otherwise remain in full force and effect and enforceable. The failure for Users or Kinkfunder to exercise any right provided for in these Terms won’t be deemed as a waiver of any other right.

  1. The Terms are personal to each User. They cannot be assigned, transferred, or sublicensed without Kinkfunder’s prior written consent. Kinkfunder has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without User’s consent. Kinkfunder will provide notice via email, written notice, or by conspicuously posting the notice on the Site.
  2. Changes to Terms
  1. Kinkfunder may change and update the Terms at any time, so please review them frequently. If a material change is made, Kinkfunder may elect to notify Users in the Services, by email, by a notification on the Services, or by other alternative Kinkfunder deems appropriate. A “material change” will be determined at Kinkfunder’s sole discretion, in good faith, and using common sense and reasonable judgment.
  1. Updates to This Agreement- Updated December 30, 2015.
  2. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.