Terms of Service

Introduction

The use of this website is governed exclusively and solely by these Terms of Service. By clicking on this website and/or using any of the information herein, each and every user consents to these Terms of Service.

TheStartup.com is a website containing information that in the opinion of TheStartup.com LLC can be helpful to users of this website. Advisory services and business consulting services are not offered through TheStartup.com, LLC.

This website is the work of TheStartup.com, LLC.  TheStartup.com does not guarantee the accuracy of any of the content of this website, and it is not, and should not be regarded as, a complete compendium or analysis of the subjects discussed. All expressions of opinion reflect the judgment of the authors as of the date of publication and are subject to change without notice.

Information provided on this website should not be relied upon in making legal, tax, or investment decisions. Always consult an attorney, financial adviser or tax professional regarding your investment, specific legal or tax situation.

Information on this website does not involve the rendering of personalized investment advice, but is limited to the dissemination of general information on ideas. A professional adviser should be consulted before implementing any of the options presented.

Information on this website is not an offer to buy or sell, or a solicitation of any offer to buy or sell the ideas or companies mentioned herein. This website is available for use as a general educational and introduction service offering.

TheStartup.com, LLC is not and is not registered with a Broker Dealer or as an investment adviser with the Securities Exchange Commission of the United States of America, or any governmental or regulatory authority anywhere worldwide, and only acts as an informational or introductory service that is excluded or exempted from registration requirements.

Past performance may not be indicative of future results. Therefore, no current or prospective user should assume that the future performance of any specific investment, investment strategy, or idea made reference to directly or indirectly on this website, or indirectly via hyperlink to any unaffiliated third-party website, will be profitable or equal to past performance levels.

All investments and ideas have the potential for profit or loss. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client’s investment portfolio.

This company is an independent organization and is not affiliated with any Broker Dealer or Registered Investment Advisory firm.

TheStartup.com does not endorse, authorize or sponsor any of the information provided from any comments, message boards, or chat rooms.

TheStartup.com is not responsible for the content of the website of any of our network of our service providers or the quality of their work.

Any persons or entity endorsed or recommended is not affiliated with TheStartup.com. The opinions and actions of those companies within the TheStartup.com Network are not necessarily those of TheStartup.com.

TheStartup.com vetting tools located in the TEST section of the website were developed to generate validity scores based on the information that was entered into the algorithm by the innovator. TheStartup.com does not endorse or advise on the validity of Ideas and Companies but only provides a service and scoring system with introductions that are based on the information that is provided from the Innovator and Ideators directly.

TheStartup.com cannot guarantee the validity of the information that Ideators and Innovators have entered into their vetting system(s).

TheStartup.com does not endorse, encourage or guarantee that a particular Idea or Product is fit for licensing, purchase or funding. All of our systems are based on the quality and integrity of the information that is being provided from our Innovators and Service Providers. TheStartup.com, therefore is only an introducing party and is not liable for any material or immaterial omissions, falsities or inconsistencies from those who use the TheStartup.com platform.

Every investor’s situation is unique. You should consider your investment goals, risk tolerance and time horizon before making any investment.

Every Entrepreneur’s and Innovator’s situation is Unique. You should consider your personal financial situation, goals, risk tolerance and time horizon before spending money on a new idea, innovation or company.

This website is intended for the use of adults only, and minors are expressly prohibited from using this website. Check your jurisdiction for the age requirements of minority and adulthood.

 

Details of Use

Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered by TheStartup.com LLC (“TheStartup.com” or the “Company”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.TheStartup.com.com, all other sites owned and operated by TheStartup.com that redirect to www.TheStartup.com.com, and all sub domains (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

Summary of Service

TheStartup.com is a platform where certain users ("Project Creators") run campaigns to fund creative projects by offering rewards to raise money from other users (“Backers”). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Backers, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.

Mutual Non-disclosure

By creating an account or membership you are simultaneously entering into a mutual non-disclosure agreement wherein you, the user/member, assigns and derivatives, and TheStartup.com, members, assigns and derivatives, agree to protect and maintain the propriety of any information, especially of a private, sensitive and proprietary nature, that may be exchanged by both parties, their members, assigns and derivatives, through any means of communication. Such information as intended to be covered by this section, may not be disclosed to any third parties without mutual, written consent. This non-disclosure agreement will remain in effect until such times that both parties, members, assigns and derivative, mutually agree to terminate it.

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy. TheStartup.com.com does not sell or disclose private information of site users in any capacity to any third party, accept as required by law and respective legitimate authorized law enforcement, court orders as mandated by law and administered through a court of appropriate jurisdiction.  

All other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the section of these Terms of Use titled, "Projects: Fundraising and Commerce"). You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Mail list, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

Users agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Users Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Users Project. Users shall not share, display or in any way disseminate the information of any other user to any third party, without the express written permission of that user(s). This includes but is not limited to details relating in any way to an idea, product or service originated from or affiliated with TheStartup.com.com or a user of TheStartup.com.com.

Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

Projects: Fundraising and Commerce

TheStartup.com is a platform where inventors, innovators and intellectual property holders vet ideas and products, and seek exploitation of those ideas and products through site services including but not limited to: investors, licensing, partnerships or any combinations thereof. TheStartup.com provides access to professional service providers and investors. TheStartup.com seeks the most qualified service providers and investors, but does not warrant statements or representations made by these service providers. TheStartup.com does not warrant nor accept liability of any kind for the service providers and investors, and do not warrant or guarantee they are:

TheStartup.com has no other affiliation with or personal or professional interest in the service providers and investors other than the provision of the services they warrant the ability to provide. TheStartup.com does not accept any form of payment, contribution or any form of valuable consideration from the service providers and investors on the TheStartup.com website beyond the fees paid for being listed for the term agreed to by both parties.  

TheStartup.com is not liable for any damages or loss incurred related to rewards or any other use of the Service. TheStartup.com is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. TheStartup.com does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release TheStartup.com, its officers, employees, agents, and successors in rights 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 Service.

Fees and Payments

Joining TheStartup.com is free. However, we reserve the perpetual right to change, amend, revise and alter our business and site models inclusive of any fee based services.

Third-Party Sites

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Content and License

You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

The Company grants to each User of the Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

Intellectual Property

By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:

In accordance with the Digital Millennium Copyright Act, TheStartup.com has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. TheStartup.com also may terminate User accounts even based on a single infringement.

Copyright Notifications

TheStartup.com will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify TheStartup.com Copyright Agent by emailing us at copyright@TheStartup.com.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

If you believe that your work has been removed or disabled by mistake or misidentification, please notify TheStartup.com’s Copyright Agent in writing by emailing us at copyright@TheStartup.com.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Our designated copyright agent for notice of alleged copyright infringement can be reached at:

TheStartup.com LLC

____________________________

Email: copyright@TheStartup.com

Termination

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. 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.

Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. TheStartup.com reserves the right not to comment on the reasons for any of these actions.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives 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, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

International

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Electronic Delivery, Notice Policy, and Your Consent

By using the Services, you consent to receive from TheStartup.com all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. TheStartup.com may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

Governing Law

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Tennessee 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 the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over TheStartup.com or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Tennessee. 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 the Services, shall be filed only in the state or federal courts located in Williamson County in the State of Tennessee and you hereby consent and submit to the personal jurisdiction of such 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.

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sub licensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Updated: January 2015