The Legal Bit
We know that this looks really dull - sorry.
But it's also really important. Please take time to read it through.
Terms and Conditions
Please read these Terms and Conditions ('Terms') carefully before using the AngelShares.com site (the 'Site'). By using this Site you acknowledge that you have read and agreed to these Terms and Conditions. If you do not agree to any of these terms you should cease use of the website and the services immediately.
Meaning of terms used in these Terms the expression:
"Project" shall mean any project, production, exhibition or work listed on the Site for which an Organisation wishes to gather support and raise funds.
"Support" shall mean any funds or other support provided by you to a Project, through this Site. "Organisation" shall mean any arts organization or individual promoting a project.
"Supporter" shall mean any person registered on this Site as a supporter of a Project.
"Reward" shall mean the Good or Goods supplied by an Organisation in return for funding from Supporters.
"Funding Goal" shall mean the amount of funding an Organisation seeks for a Project that it advertises on AngelShares.
"Timeframe" shall mean the time in which the Organisation must raise funds for its Project in support of the Project's Funding Target. Normally this period will not exceed 90 days.
AngelShares Ltd is a company registered in England and Wales no 7521021. Our VAT registration is pending. Please contact hello@AngelShares.com if you require any further information.
AngelShares reserves the right to change these Terms at any time. Your continued use of this Site after changes are posted online constitutes your acceptance of the Terms as modified.
Acceptance of Terms
AngelShares is an online fund raising platform for UK arts and cultural organizations and individuals.
AngelShares connects projects with potential financial backers allowing organisations and individuals to raise money for projects from supporters collecting pledges online.
Each Project promoted on AngelShares will advertise the amount of money they are seeking to raise via AngelShares (a "Target") and, where applicable, the amount of time in which they are seeking to raise this money (a "Timeframe").
Organisations and individual artists offer Rewards in return for donations. These Rewards could include named thanks in artistic spaces, access to artists, or discounted tickets to artistic productions. Where Gift Aid is being claimed, registered charities will be advised to ensure that the value of the Rewards offered does not contravene the value benefits advice laid out by HMRC (http://www.hmrc.gov.uk/charities/gift_aid/basics.htm#3), else Gift Aid will not be claimable.
Supporters purchase AngelShares via Google Checkout and these shares will credited to and remain in their personal AngelShares account. When the Supporter is ready, AngelShares can be pledged to a project with a Timeframe, or given directly to a project which is set up to accept donations on an on-going basis. Rewards will be honoured by the Organisation on receipt of information from AngelShares, which will normally be at the end of a Timeframe or monthly where the project has no specified Timeframe.
Google Checkout will pay funds into AngelShares bank account 5-10 days after the Supporter has purchased AngelShares. AngelShares will ensure that all funds are held securely in our account with Bank of Scotland, and that financial reconciliations are run at regular periods. AngelShares recognises that funds which have been pledged to Projects are restricted funds for the duration of the Timeframe, or until they are paid to the Organisations, whichever is the longer period.
Organisations raising funds in support of their Project by other means ("Offline Fundraising") can pledge these funds towards their Funding Goal, by agreement with AngelShares and subject to verification. Organisations will retain sole responsibility for management of funds raised through Offline Fundraising, including delivery of Rewards and administration of refunds should the Project not reach its Funding Target. AngelShares assumes no liability for funds raised in Offline fundraising.
If an Organisation reaches or exceeds its Funding Goal, or is set up to accept all donations on an on-going basis, at the end of the Funding Period AngelShares will transfer the funds paid in respect of the Project from the AngelShares bank account. The Organisation will be liable for payment of a Transaction Fee agreed with AngelShares. The Organisation may agree that AngelShares can deduct this fee from payment transferred from the AngelShares bank account to the Organization.
If the Funding Target is not reached or exceeded in the Timeframe, pledged AngelShares will be returned to the Supporter's AngelShares account.Whilst reasonable efforts will be made to ensure ongoing availability and accessibility of the Site, AngelShares does not guarantee the availability or accessibility of the Site at any time.
Any AngelShares which have not been pledged or allocated within 6 months of their purchase, and where the account is deemed to be inactive, will be donated to the AngelShares Trust (charity number pending). This trust has been established to support arts and cultural organisations in the development of audiences and donors for all forms of art in the form of grants for research and development, and to help disseminate best practice. All reasonable efforts will be made by email to encourage the account holder to reactivate their account before this happens.
Delivery of Rewards
An Organization who successfully reaches their Project's Funding Goal is solely responsible for supplying the Rewards advertised on their AngelShares Project page.
AngelShares is under no legal or contractual obligation to provide to Donors any of the Rewards that appear on this Site. By Supporting a Project you acknowledge that AngelShares is not responsible and shall bear no liability if for any reason the Organisation fails, whether in whole or in part, to provide a Reward associated with a Project. Any queries relating to delivery of a Reward should be addressed directly to the Organisation providing the Reward.
Where possible, Organisations will dispatch rewards promptly after the end of the funding period, or within two months if no Timeframe has been specified. However, please be aware that owing to the nature of this project, those rewards associated with the artistic project itself may not be dispatched until the project is complete. This may take a number of months following the completion of the funding period. The Organisation will be responsible for speedy dispatch of Rewards as soon as they are available, and will also be responsible for keeping individuals updated as to the progress of the project and timetable for dispatch of Rewards.
You must ensure that all information supplied by you is true, accurate, and up-to-date at all times.
You agree to use this Site only for lawful purposes and in a manner which does not infringe the rights or restrict or inhibit the use and enjoyment of the site by any third party.
You are solely responsible for any information submitted by you to this Site. You hereby agree that any content posted by you on the Site will not:
- be misleading;
- break any law or encourage an illegal act;
- be defamatory, abusive or offensive;
- infringe the copyright, privacy, confidentiality or other right of any third party;
- contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications network; and/or
- bring AngelShares Ltd or the AngelShares website into disrepute.
You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of this Site.
While this Site is intended for UK residents, it may be used by residents of other jurisdictions. Users of this Site in jurisdictions outside the UK should be aware of, and observe, all applicable legal requirements in their jurisdictions. In particular, users should ensure that they are able to use this Site without contravention of legal restrictions in the jurisdiction in which they reside.
You are responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms, and that they comply with them.
To report any abuse of the Service please email: hello@AngelShares.com
There is no minimum age requirement for registering to use this Site. However, children under age of 16 should only register or interact with the Site with the permission of a responsible adult. Separate age restrictions may apply to Google Checkout.
Your Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to AngelShares for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify AngelShares immediately at hello@AngelShares.com
Links to other sites
The Site contains links to websites of other organisations. The links are provided for your convenience only. AngelShares does not approve or endorse any third party or its website and takes no responsibility for the content or security of such sites. AngelShares accepts no liability for any direct, indirect or consequential loss you may suffer as a result of the use of websites owned or operated by third parties.
Furthermore, AngelShares will not be party to or in any way responsible for any agreement or transaction concluded between you and any such third party website owner or operator.
You are responsible for ensuring that all information, data and files are free of viruses and do not interfere with any system or data prior to being submitted to this Site.
Whilst AngelShares makes all reasonable attempts to exclude viruses from this Site, we do not accept responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using this Site. You are strongly recommended to take all appropriate safeguards before using this Site.
All materials on this Site are owned by and subject to the copyright of AngelShares, affiliated Organisations or third parties.
No part of this Site, including information, images, photos, logos, names or icons may be copied, republished, posted, or reproduced in any form whatsoever without the prior written permission of the copyright holder. You are, however, permitted to access, copy and reproduce materials for your personal non-commercial use only.
You retain copyright and any other rights you already hold in content which you submit, post or display on or through this Site. By submitting, posting or displaying the content you give AngelShares a continuous, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, publicly display and distribute any content which you submit to the Site, unless otherwise agreed in writing between you and AngelShares.
Acceptance of the Project by AngelShares
Creators must submit their proposed Projects to AngelShares who shall accept or reject the Project at its sole discretion and without providing any reason to the Creator. You understand and agree that you are solely responsible for your own Content and the consequences of submitting it for posting on the Site. AngelShares does not endorse any Content or any opinion, recommendation or advice expresed therein, and AngelShares expressly disclaims any and all liability in connection with Content.
AngelShares reserves the right to cancel a Project profile and refund all associated Supporters' payments to their AngelShares account at any time for any reason without notice.
AngelShares may terminate your access to all or any part of this Site at any time for any reason without notice, and may change, suspend or discontinue all or any part of its online services at any time without notice.
All provisions of these Terms which either expressly or impliedly survive termination or expiry of these Terms shall survive termination or expiry, including but not limited to Terms regarding warranty disclaimers, indemnities and limitations of liability.
Limitation of Liability
While every effort has been taken to ensure that all content is correct and not misleading, AngelShares cannot and does not verify all of the information contained on this Site. Projects are fully responsible for the accuracy of the information disclosed on this Site in relation to Projects and it is your sole responsibility to verify the information. AngelShares therefore accepts no liability, either express or implied, for any direct, indirect or consequential loss suffered due to the accuracy or completeness of information contained on the Project pages of this Site. This limitation includes, but is not restricted to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- wasted expenditure or time;
- loss of goodwill;
- or other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not.
AngelShares hereby excludes all representations, warranties and conditions relating to this Site and your use of it to the maximum extent permitted by law.
AngelShares is not responsible for ensuring that activities and events organised by Ventures are covered by appropriate insurance. By participating in such activities or events you acknowledge that AngelShares is not liable for any loss of or damage to personal property that may occur.
Notwithstanding any other provision of these Terms, AngelShares does not purport to exclude or restrict its liability for fraud or for any death or personal injury which may be caused by its actions.
This Agreement and any documents referred to in it constitute the entire agreement between you and AngelShares, regarding the use of the Service, superseding any previous arrangement, understanding or agreements between you and AngelShares relating to the Service. The failure of AngelShares to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. You and AngelShares acknowledge that, in entering into this Agreement, does not rely on any statement, representation, assurance or warranty of any person whether party to this Agreement or not other than as expressly set out in this Agreement.
If any provision of this Agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Each party agrees that the only rights and remedies arising out of or in connection with a representation shall be for breach of contract as provided in this Agreement. No variation to this agreement will be binding upon AngelShares unless it is made in writing and signed by a director or officer of AngelShares. Nothing in this clause shall limit or exclude any liability for fraud.
These Terms are only intended to be enforceable by you and AngelShares. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
If any of these Terms are determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, then they shall be severed and deleted from these Terms without affecting the enforceability of the remaining provisions.
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
In the event of a dispute arising between a Supporter or Organisation, or any third party, AngleShares shall be under no obligation to become involved. Should a dispute arise, you release AngelShares its officers, employees, agents or successors from claims, damages or demands or any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of these Terms (including a dispute regarding the existence, validity or termination of all or part of these Terms or the consequences of its nullity).