Terms of Use

The following Terms of Use apply to all of the services offered by 100-days.net GmbH (hereinafter “100-DAYS.NET”). By using our services you accept the following terms as they stand and in full.


1. Scope


1.1 The subject of these Terms of Use is the use of services provided by 100-DAYS.NET on the online platform www.100-days.net (hereinafter “100-days.net”). These Terms of Use apply to all users of 100-days.net, whether their role be that of a Project Initiator, Booster or visitor (all 3 roles also referred to under the term “user” hereinafter).

1.2 Acceptance of the Terms of Use is confirmed by the use of the services provided. When using individual services on 100-days.net, the user may be asked to reconfirm his/her acceptance of the Terms of Use via the activation of an input field.

1.3 These Terms of Use apply for the entire period during which the services of 100-DAYS.NET are used by the user.


2. Services of 100-DAYS.NET


2.1 100-DAYS.NET is the operator of the online platform 100-days.net. 100-days.net enables natural and legal persons (“Project Initiators”) to present their projects and to use contributions made by other people (“Boosters”) to fund these projects. The current range of services is outlined on 100-days.net. 100-DAYS.NET may change or expand this range of services at any time. The user shall select the services to be provided by 100-DAYS.NET from the range of services which are available at the point in time when the service is selected. He/she may use the services as a Project Initiator, Booster or visitor under the conditions stipulated in these Terms of Use. In addition to these Terms of Use, Project Initiators also accept the Project Conditions.


2.2 100-DAYS.NET gives the Project Initiator 100 days (“campaign duration”) from the promotion launch to advertise his/her project and to raise a sum (“project budget”) that has been determined in advance. The promotion launch is the point in time at which the Project Initiator initiates the project approved by 100-DAYS.NET (“promotion launch”). 100-DAYS.NET reserves the right to extend the campaign duration by a maximum of 20 days in duly justified exceptional cases at its own discretion.


2.3 If the Project Initiator reaches his/her project budget (“successful funding”) within the campaign duration, or if the amount raised exceeds the project budget, 100-DAYS.NET shall pay out the amount raised to the Project Initiator minus a handling fee of 6% (resp. 8% for a funding in stages) (excl. VAT) within 60 days following the expiration of the promotion duration. If requested, 100-DAYS.NET shall provide the Project Initiator with a VAT-compliant invoice for the handling fee. If the project budget is not reached within the campaign duration, the Boosters shall be refunded by 100-DAYS.NET within 60 days, minus any handling fee charged by the financial service provider. In this event no handling fee shall be charged to the Project Initiator.


3. Contract between Booster and Project Initiator


3.1 As a reward (“goodies”) for the payment made by the Booster, Project Initiators shall allow Boosters to participate in the project in one way or another, for instance by mentioning them in the credits of a film or musical production, by providing them with an autographed publication or letting them participate in a joint event. When a Booster sponsors a charitable project, he/she may request a donation certificate from the Project Initiator.


3.2 The contract regarding the boosting of a project and the subsequent provision of goodies exists solely between the Booster and the Project Initiator. The contract is based on the provisions stipulated in these Terms of Use and on the Project Initiator’s project description. The project description must comply with the Project Conditions. The contract between the Booster and the Project Initiator shall be subject to conditions precedent. In the event of failure to reach the project funding target, the contract shall become void.


3.3 Boosters do not have a say in the projects. Project Initiators shall, however, assume the obligation by way of their contract with the Booster to do their best to launch their project within 18 months following successful funding and to regularly update interested Boosters on the progress of the project’s implementation.


3.4 In order to ensure that the Project Initiator is able to fulfil his/her contractual obligations, the Booster shall authorise 100-DAYS.NET to provide his/her contact details (surname, first name, email address) to the Project Initiator, unless the Booster has informed 100-DAYS.NET that he/she wishes to remain anonymous to the Project Initiator and thus to waive his/her right to goodies (or a donation certificate in the case of charitable projects) (cf. Section 4.2).


3.5 The first name and surname of the Project Initiator shall be visible to users of 100-days.net at all times. Furthermore, Project Initiators authorise 100-DAYS.NET to disclose the Project Initiator’s additional contact details (address, email address) to potential and actual Boosters of the respective project upon request, insofar as this complies with the contract with the Project Initiator or is required for the fulfilment of contractual obligations.


4. Use as a Visitor or Booster


4.1 The use of 100-days.net as a visitor or Booster is free of charge and does not require registration. Boosting can be undertaken using the corresponding icons on 100-days.net and requires that the Booster provide his/her surname, first name and email address.


4.2 When paying project contributions, Boosters may select one of two levels of data disclosure.

(1) Boosters can disclose their identity. If this option is selected, the Booster’s first name and surname will appear next to the amount which has been paid. 100-DAYS.NET shall disclose the Booster’s email address to the Project Initiator if the project is successfully funded.

(2) Boosters may also select the option to boost anonymously. Even if the project is successfully funded, no data shall be passed on to the Project Initiator. Boosters thus waive their right to goodies (or a donation certificate in the case of charitable projects).


4.3 Payment of the Booster’s chosen sum shall be made by TWINT, credit card, PostFinance Card / E-Finance, PayPal or SMS to an account managed by the association FairGive (www.fairgive.org, “FairGive”). Any handling fee levied by the financial service provider shall be charged to the Booster. This fee shall be deducted from the sum donated by the Booster. FairGive shall hold the contributed sum for the campaign duration and until the sum is disbursed or refunded by 100-DAYS.NET to the Project Initiator or the Booster respectively, in adherence to the respective deadlines outlined in Section 2.2 above. Payment of the Booster’s chosen sum may be reclaimed up to 7 days after payment has been made (). Once the sum has been disbursed by 100-DAYS.NET to the Project Initiator, a chargeback of the rightful payment made by the Booster shall no longer be possible.


4.4 Project funds shall be disbursed to the bank account specified by the Project Initiator. Refunds shall be made by crediting the Booster’s account using the original payment method. For technical reasons, payments made by SMS shall only be refunded via PayPal, regardless of whether or not the Booster is the holder of an existing PayPal account. The Booster shall be notified by PayPal of the refund and of the conditions which apply. Any handling fee levied by the financial service provider on the refund shall be charged to the Booster. The fee shall be deducted from the sum paid by the Booster.


5. Use and Registration as a Project Initiator


5.1 In order to use 100-days.net as a Project Initiator, registration is required. Users wishing to register as a Project Initiator shall do so using the relevant input fields on 100-days.net. In addition to these Terms of Use, the user also accepts the Project Conditions. He/she is obliged to ensure that all information provided is accurate and complete.


5.2 After successful registration, the user shall receive an email containing an activation link and his/her login details, consisting of a username and password (“login details”) in order to access the platform as a Project Initiator. The Project Initiator then has to activate his/her login details. Login details are private and non-transferable. The Project Initiator is obliged to treat his/her login details with confidentiality at all times and to refrain from making them accessible to third parties.


5.3 In order to start a project (“project submission”), the Project Initiator must log in using his/her login details. The project submission process takes place via an online form. Details of the project itself and the personal details of the Project Initiator are required (contact details, bank details, project entry form, project details, project video and pictures, project description, project budget, goodies, “people, expertise, talents, materials...”, personal message). The project submission process may consist of several different stages. The Project Initiator can save an unfinished project submission process and is required to log in again in order to continue with the project submission process.


5.4 After completing the project submission process and double checking the data provided, the Project Initiator shall release the project so that it can be checked by 100-DAYS.NET.


5.5 100-DAYS.NET shall check the identity of the Project Initiator as well as the project submission, and shall then, at its own discretion, either approve the project, send it back for improvement or reject it. 100-DAYS.NET is unable, however, to establish the identity of the Project Initiator with absolute certainty. Furthermore, 100-DAYS.NET has no control over whether or not the Project Initiator genuinely uses the funding to realise the project, and is not responsible for the correct fulfilment of the contract between the Booster and the Project Initiator.


6. Content


6.1 100-DAYS.NET offers Boosters and Project Initiators the opportunity to make pictures, text, video files (“content”), or links to the aforementioned content, accessible and to link this content with content available on other websites (in particular video platforms) or profiles on social networks.


6.2 Boosters who disclose their identity, as well as Project Initiators, can upload their own picture and/or link their personal details with their own profile on Facebook, LinkedIn, Twitter, Xing, Google+, etc. Project Initiators shall promote their project on 100-days.net and on any content linked with 100-days.net.


6.3 Users may only provide access to permitted content. Prohibited content refers in particular to content that violates the rights of third parties, especially intellectual property rights (for example copyright or trademark rights), or privacy, as well as content which constitutes a criminal offence (especially in the areas of pornography, portrayal of violence, racism and defamation).


6.4 100-DAYS.NET is not obliged to actively monitor the content which users make accessible whilst using its services on 100-days.net. 100-DAYS.NET reserves the right, however, to randomly check content and to remove prohibited content at its own discretion. An inspection may also take place in the event that a third party reports that content made accessible by the user is prohibited. Under these circumstances Boosters and Project Initiators authorise 100-DAYS.NET to, at its own discretion, disclose the contact details of the Booster or the Project Initiator to the third party, to allow the third party to directly pursue its claims.


6.5 By entering or linking content, the user grants 100-DAYS.NET the non-exclusive, transferable right to use the content free of charge and for an unlimited period of time. 100-DAYS.NET may use the content in its original form or in an altered form, either on its own or in combination with the site’s content, for advertising and promotional purposes on 100-days.net as well as on the websites and in the communication tools (e.g. Ron Orp’s Mail) of its partners. The user confirms that before entering or linking content, he/she has made sure that he/she owns any existing copyright, patent rights, trademark rights and design rights which apply to the content and that the use of this content in accordance with the contract shall not violate the rights of any third parties.


6.6 The user is responsible for the legality, accuracy and completeness of the content he/she makes available on 100-days.net. He/she is obliged to indemnify 100-DAYS.NET from any claims from third parties relating to the content for which he/she is responsible, provided that 100-DAYS.NET has informed the user of any asserted claims within 20 days. Any damages to be paid shall also include the costs of proper legal representation for 100-DAYS.NET.


7. Guarantee and Liability


7.1 100-DAYS.NET provides its services professionally and with care. 100-DAYS.NET’s services are provided via the internet and 100-DAYS.NET cannot provide any guarantee for its services’ uninterrupted availability or absence of defects. Temporary impairments or interruptions to the service are possible, particularly in the event of necessary maintenance work, technical defects, disruption to operations and related malfunctions. 100-DAYS.NET is not liable for the consequences of such impairments or interruptions to its services or the availability of 100-days.net.


7.2 100-DAYS.NET is liable for its own services only. Users accept that 100-DAYS.NET cannot control whether or not successfully funded projects are actually implemented or whether Project Initiators provide the Boosters with the promised goodies correctly and in full. 100-DAYS.NET assumes no responsibility for this. In the event of a breach of the contract between Boosters and Project Initiators, sole liability lies with the Booster or the Project Initiator, but never with 100-DAYS.NET.


7.3 Any liability for damages incurred as a result of a force majeur is also waived. A force majeur is classed as, in particular, an act by public authorities, compulsory measures, unforeseeable system malfunctions, disruption of communication networks and other reasons which make the provision of the service by 100-DAYS.NET temporarily impossible.


8. Data Protection


8.1 100-DAYS.NET ensures the protection and security of data within its sphere of influence. 100-DAYS.NET shall treat all personal data with care. 100-DAYS.NET shall take adequate organisational and technical measures to protect against the unauthorised processing of data and shall use this data exclusively for the purpose of providing its services for the user. This also includes use of the data for marketing purposes related to the services and products provided by 100-DAYS.NET and its partners (in particular Ron Orp’s Mail), provided that this has not been forbidden by the user.


8.2 Unless required to do so by an order of government, a court injunction, or in the event of reasonable indication of a violation of the rights of third parties by users of 100-days.net, 100-DAYS.NET shall not pass on data to third parties. 100-DAYS.NET shall only retain data insofar as and for as long as 100-DAYS.NET is obliged to do so by law.


8.3 100-DAYS.NET uses what are known as cookies in order to simplify the use of its services on 100-days.net and to receive information regarding how its services can be improved. Cookies are small text files which the web browser stores in a specific folder in the system. Both cookies and session cookies are used. Permanent cookies allow the Project Initiator, for instance, to log in automatically provided that he/she explicitly stated the wish to do so when registering. Session cookies save the projects clicked on by the user, for example, so that it is easier for him/her to find the project again and then boost it if so desired. 100-DAYS.NET also uses cookies to collect data relating to the use of its services.


8.4 By configuring their browser accordingly, users can, at any time, disable cookies by default or arrange for a warning to be issued each time that a cookie is about to be stored, meaning that users can decide for themselves whether or not they want to allow a specific cookie. The services provided by 100-DAYS.NET can generally be used without enabling cookies. The use of specific features may, however, be impaired if cookies are disabled.


9. Final Provisions


9.1 If individual or multiple provisions in these Terms of Use should become void or invalid, this shall not affect the validity of the remaining provisions. The void or invalid provision shall be replaced with a provision which comes closest to fulfilling the commercial objective of the provision which has been declared void or invalid.


9.2 100-DAYS.NET reserves the right to change these Terms of Use at any time. Changes shall be made accessible on 100-days.net and shall take effect 30 days after having been posted on the site.


9.3 These Terms of Use and any disputes arising from or in relation to the contractual relationship between 100-DAYS.NET and the user shall be subject to Swiss substantive law exclusively. The ordinary courts at the domicile of 100-DAYS.NET shall constitute the exclusive place of jurisdiction. Alternatively, 100-DAYS.NET is authorised to take legal action against the user at his/her place of domicile.

 

Zurich, January 2012, Version 1.0