Date of Last Revision: April 15, 2015
1. Summary of Services
Welcome to the Megaphone (“MM”) website. MM is the first crowdfunding marketplace where you, the user, can select and back specific political ads and projects for the candidates and/or issues you support, or against the candidates and/or issues you oppose (the “Services”).
2. Acceptance of Terms
If you browse or donate through Megaphone.com, you accept these conditions. If you do not agree, then you do not have permission to use this website.
Over time, our Services may change, laws may change, or something else may change that will make us amend these Terms. Accordingly, we reserve the right to amend these Terms at any time, for any reason. When we amend these Terms, we will publish the amended Terms and specify when they were last revised. We may also provide you with some type of information about what changes were made, but the terms of the amended Terms will govern the relationship. By continuing to access or use the Services after an amendment to these Terms, you are affirmatively accepting to be bound to the new Terms, which will apply to all access to, and use of, the Services thereafter. Keep in mind that you do not have to continue to use the Services. If you do not agree to the new terms in their entirety, stop using our accessing the Services. All changes to the Terms will only apply to projects commenced after the effective date of the change (i.e., the Terms that existed at the time of the project’s creation will apply). However, if we make a change that we deem necessary to prevent unlawful conduct or conduct that would cause us legal liability (each of which we may make immediately upon notice,) then those new terms will apply immediately to those already existing projects.
4. Acceptable Use
MM hereby grants you the right to use our website and fund projects in accordance with these Terms. If you read anything on this page, read the section regarding Campaign Finance Laws.
5. Eligible Users
You are eligible to access or use our Services only if:
- You are 18 years or older (or, if you are between the ages of 13 and 17 years old, you are using the Services with the consent of or are supervised by a parent or guardian); AND
- You are complying with the campaign finance laws outlined in section 7 below as well as any additional requirements specified during the online contribution process.
6. How Projects and Their Funding Works
MM provides a funding platform for funding political ads and projects. The process is simple: (i) visit our website and explore the projects; (ii) when you find one or more that you like, pledge your financial support to become a backer for that particular project; and (iii) if that particular project receives enough financial pledges before the stated deadline, we’ll charge the project backers’ credit cards according their pledges and that particular project will be funded. For more details, read our FAQs at www.MyMegaphone.com/faqs.
7. Campaign Finance Laws
Political contributions to MM are governed by campaign finance laws, and MM makes its best efforts to ensure that all contributions made on the MM site are in accordance with these laws. For example:
- MM conspicuously notifies donors that political contributions are not deductible for federal income tax purposes. It goes without saying that MM is not responsible for your treatment of these donations on your tax returns, and we recommend consulting your tax adviser or tax preparer if you have any questions.
- To comply with the disclosure requirements imposed by various federal, state, and local jurisdictions, it is our policy to collect and report the name, address, occupation, and name of employer of each individual who contributes to MM, as well as the type of industry of each company/organization that contributes to MM, regardless of the contribution amount.
- MM operates as an independent expenditure-only committee (i.e., “super PAC”), and we register the committee accordingly with the Federal Election Commission and various state and local jurisdictions, as necessary. Despite our ability to accept unlimited contributions from individuals, corporations, and other organizations, we do not accept contributions from foreign nationals, national banks, and federal government contractors.
- MM currently does not accept contributions from: elected officials or candidates for public office; authorized committees of elected officials or candidates for public office; or entities or individuals making their contributions in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate’s authorized committee or their agents, or a political party committee or its agents.
- Prior to processing a contribution via credit card, MM requires the donor to affirm that their contribution:
- is being made on a credit/debit card for which the donor listed above has the legal obligation to pay, and the contribution will not be reimbursed by another;
- is not being made from the treasury of a national bank or an entity or person who is a federal government contractor;
- is not being made from a foreign entity or by an individual who is not lawfully admitted to the U.S. with permanent residence status;
- is not being made by an elected official or candidate for public office, or by an authorized committee of an elected official or candidate for public office; and
- s not being made in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate’s authorized committee or their agents, or a political party committee or its agents.
Notwithstanding MM’s best efforts to ensure that all contributions made on the MM site are in accordance with applicable federal, state, and local laws, you are accepting final responsibility for ensuring your own compliance when making a contribution.
If you read section 7 above, it should go without saying that you must provide us with true, accurate, and complete information when you back a project.
9. Liability and Indemnification
Our goal is to provide the American people an effective and user friendly funding platform that provides ordinary people the ability to organize and fund political projects together, so don’t be the fool who breaks the rules and ruins it for everyone. As stated above, acceptance of these terms, including the campaign finance restrictions set forth in section 6, are a necessary condition to use the Services. In consideration of your use of such Services, you are agreeing indemnify and hold MM, its employees, directors, officers, agents, and volunteers harmless against any and all claims, demands, actions, liabilities, damages, costs, and expenses (including attorneys’ fees, court costs, and other litigation expenses) arising from, or attributable to, your negligence, willful misconduct, or failure to adhere to these Terms. MM reserves the right to assume the exclusive defense and control of any matter subject to this provision of the Terms, in which case you agree that you’ll cooperate and help us in asserting any defenses. You also acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal or unlawful, as well as any reports we receive of such conduct. When requested, MM reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.
10. Processing Funds
If a project you back meets its funding goal, your card will be charged 1-2 business days after the project deadline. For security reasons, MM does not store your credit card information. Rather, we securely transmit your credit card information to Stripe (our payment processor).
MM does everything we can to accommodate requests for refunds. We do our best to honor refunds requested for reasons such as input error or when a contributor accidentally donates twice or enters the wrong donation amount, but we will not consider refunds for other reasons such as a change in political opinion or the loss of an election. MM reserves the right to refuse a refund request for these or other reasons. All refund requests are subject to the availability of the contribution funds, and we will only refund a contribution if we still have the funds or can recover the funds from the recipient. For this reason, it is of the utmost important that you make your request for a refund as soon after contributing as possible.
12. Intellectual Property
The Megaphone name and all MyMegaphone.com content, which may include, without limitation, information, text, data, photographs, video, images, graphics, logos, trademarks, service marks, and other contents or materials, associated technology and software, and the look and feel of the website (collectively “MM Content”), are the proprietary property of MM and owned by MM. These Terms grant you no right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any MM Content. Any rights not expressly granted to you herein are reserved by MM.
12. Disclaimer of Warranties
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
MM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MM SHALL CREATE ANY WARRANTY.
13. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MM, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (II) FOR ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE MM WEBSITE. IN NO EVENT SHALL MM’S LIABILITY FOR DIRECT DAMAGES BE IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Dispute Resolution, Governing Law and Arbitration
We at MM encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Texas 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 MM and its Services are deemed a passive website that does not give rise to jurisdiction over MM or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Texas.
Any dispute arising out of, or relating to, these Terms shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect to be held in Dallas County, Texas, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If the amount in controversy exceeds $500,000, arbitration shall be conducted under the Procedures for Large, Complex Commercial Disputes.
These Terms and the other material referenced in them are the entire agreement between you and MM with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and MM with respect to the Services and govern our future relationship. If any provision of these 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 otherwise will remain in full force and effect and enforceable. The failure of either you or MM to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get MM’s prior written consent. MM has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. MM will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
16. Changes to Policy
As we continue to develop and improve the MM website, we may need to update the policies described above and reserve the right to do so at any time. If any changes are made, then we will list the date the policy was last updated.
Questions? Contact us. Date of Last Revision: March 16, 2017