Vision Launch Development Group, LLC., together with its subsidiaries, and with its and their respective directors, officers, employees, agents, suppliers, partners, and content providers (individually and collectively, "Company," "us," “our,” or “Vision Launch”), is a Nevada Limited Liability Corporation that owns and operates www.visionlaunch.com (“Website”). Vision Launch Development Group offices are located in Lake Success, New York, 10042 at 1979 Marcus Ave. Vision Launch is a crowdfunding website that provides a platform for projects to gain access to necessary capital from investors and contributors interested in their initiatives in exchange for either equity in the venture and/or non-equity rewards.
Summary of Service
Vision Launch is a platform where certain users ("Project Managers") run campaigns to fund creative projects by offering rewards to raise money from other users (“Supporters”). 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 Managers, Supporters, 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.
Acceptance of Terms
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
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- you know is false, misleading, or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- Impersonates any person or entity, including any employee or representative of the Company.
Project Managers 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 Project Manager’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Manager’s Project.
Projects: Fundraising and Commerce
Vision Launch is a platform where Project Managers run campaigns to fund creative projects by offering rewards to raise money from Supporters. By creating a fundraising campaign on Vision Launch, you as the Project Manager are offering the public the opportunity to enter into a contract with you. By supporting a fundraising campaign on Vision Launch, you as the Supporter accept that offer and the contract between Supporter and Project Manager is formed. Vision Launch is not a party to that agreement between the Supporter and Project Manager. All dealings are solely between Users.
By creating or supporting a fundraising campaign on Vision Launch, you agree to be bound by this entire Agreement, including the following terms:
- Supporters agree to provide their payment information at the time they pledge to a campaign. The payment will be collected at or after the campaign deadline and only if the amount of money pledged as of the deadline is at least equal to the fundraising goal. The amount Supporters pledge is the amount they will be charged.
- Supporters consent to Vision Launch and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
- Supporters agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
- The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Manager hopes to fulfill by.
- Project Managers agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
- For all campaigns, Vision Launch gives to the Project Manager each Supporters User ID and pledge amount. Vision Launch additionally gives to the Project Manager each Supporters name and email.
- For some rewards, the Project Manager needs further information from Supporters, such as a mailing address or t-shirt size, to enable the Project Manager to deliver the rewards. The Project Manager shall request the information directly from Supporters at some point after the fundraising campaign is successful. To receive the reward, Supporters agree to provide the requested information to the Project Manager within a reasonable amount of time.
- Vision Launch does not offer refunds. A Project Manager is not required to grant a Supporters request for a refund unless the Project Manager is unable or unwilling to fulfill the reward.
- Project Managers are required to fulfill all rewards of their successful fundraising campaigns or refund any Supporter whose reward they do not or cannot fulfill.
- Project Managers may cancel or refund a Supporters pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
- Because of occasional failures of payments from Supporters, Vision Launch cannot guarantee the receipt by Project Managers of the amount pledged minus fees.
- Vision Launch and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
- Vision Launch reserves the right to cancel a pledge at any time and for any reason.
- Vision Launch reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Vision Launch is not liable for any damages as a result of any of those actions. Vision Launch’s policy is not to comment on the reasons for any of those actions.
Vision Launch is not liable for any damages or loss incurred related to rewards or any other use of the Service. Vision Launch 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. Vision Launch does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Vision Launch, 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 Vision Launch is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.
Funds pledged by Supporters are collected by PayPal Payments. Vision Launch is not responsible for the performance of PayPal Payments.
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.
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
- The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
- You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
- You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
- You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Vision Launch all of the license rights granted herein.
- The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
- The Company will not be liable for any errors or omissions in any Content.
- The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, Vision Launch has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Vision Launch also may terminate User accounts even based on a single infringement.
Vision Launch 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 Vision Launch by emailing us at email@example.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):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, sufficient for Vision Launch to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify Vision Launch by emailing us at firstname.lastname@example.org. 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):
- a physical or electronic signature of the user of the Services;
- 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;
- a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
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 is:
Vision Launch Development Group, LLC.
1979 Marcus Ave
Lake Success, New York, 10042
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. Vision Launch 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.
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.
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 Vision Launch all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. Vision Launch 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.
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 New York 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 Vision Launch 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 New York. 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 New York County in the State of New York 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
Vision Launch shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Vision Launch’ reasonable control, including, without limitation, an act of God, act of governmental authority, act of the public enemy or due to war or terrorism, outbreak of escalation of hostilities, riot, fire, flood, civil commotion, insurrection, labor difficulty, severe or adverse weather conditions, mechanical, electronic or communications failure or degradation (including "line-noise" interference), or other similar cause beyond the reasonable control of Vision Launch.
We take the responsibility of having your personal information very seriously. We use your personal information only for providing and improving the Service. We treat your personal information as we would and do treat our own.
By using the Service, you consent to the collection and use of information in accordance with this Policy.
The Company reserves the right, at its sole discretion, to modify or replace this Policy by posting the updated version on the Site. It is your responsibility to check this Policy periodically for changes. Your continued use of the Service following the posting of any changes to this Policy constitutes your acceptance of those changes.
Collection of Information
We may collect and process the following information about you:
- information (such as your name, email and postal address, telephone number, sex, and country of residence) that you provide by completing forms on the Site, including if you register as a user of the Service, subscribe to our newsletter, upload or submit any material through the Site, or request any information;
- your log-in and password details in connection with the account sign-in process;
- details of any requests or transactions made by you through the Service;
- communications you send to us, for example to report a problem or to submit queries, concerns, or comments regarding the Service or its content;
- information that you post to the Site in the form of comments or contributions to discussions; and
- IP addresses.
Uses of Your Personal Information
We will use the personal information you provide to:
- identify you when you sign-in to your account;
- enable us to provide you with the Services;
- send you information we think you may find useful or which you have requested from us;
- present projects to you when you use the Service which we believe will be of interest based on your geographic location and previous use of the Service;
- administer your account with us;
- enable us to contact you regarding any question you make through the Service;
- analyze the use of the Service and the people visiting to improve our content and Services; and
- use for other purposes that we may disclose to you when we request your information.
Project Managers receive the email addresses of their backers if the project is funded.
Vision Launch Project Managers never receive backers' credit card information.
We provide the verified personal or legal entity name to backers in their receipt emails. In the future we may provide these names to backers or other users on the project page or other areas.
We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you the ability to opt out when we can.
We will send you email relating to your personal transactions. We will keep these emails to a minimum.
You will also receive certain email notifications, for which you may opt-out.
We may send you service-related announcements on rare occasions when it is necessary to do so.
We never post anything to your accounts with Facebook, Twitter, or any other third-party sites without your permission.
Except for the purposes of providing the Services, we will not give your name or personal information to third parties.
Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different browsers. By blocking or deleting cookies used on our Service, you may not be able to take full advantage of our Service.
Any personal information or content that you voluntarily disclose in public areas of the Site becomes publicly available and can be collected and used by other users. You should exercise caution before disclosing your personal information through these public venues.
Vision Launch Project Managers never receive users' credit card information.
Vision Launch reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights, or in the good-faith belief that it is necessary to comply with the law.
To modify or delete the personal information you have provided to us, please log in and update your profile. We may retain certain information as required by law or for necessary business purposes.
On request, we will give you a copy of all the personal information about you that we hold. This information is subject to a fee not exceeding the prescribed fee permitted by law.
If you have questions or suggestions, please contact us.