Effective date: 5/18/2016
If you have any questions, comments, or concerns regarding these Terms, please contact us at [email protected].
We may amend these Terms at any time by posting a revised version of the Terms on the Site. You agree to be bound by any changes to the Terms when you continue to use the Services after those changes have been posted.
This section of the Terms contains a general and simplified overview of the way WeSearchr works and contains the definitions of a number of key terms that are used elsewhere in the Terms. In the event of any conflict between the explanation given in this section and the more specific terms that follow, the more specific terms will be controlling.
WeSearchr is a new model for citizen journalism that uses crowdfunding and crowdsourcing to break the media monopoly on investigative research.
An "Asker" is a specific user of the Services who has been approved by WeSearchr to publish “Bounties” to the Site which request specific information (e.g., photos or video involving a celebrity scandal or proof of violations of securities law at a named public company), explain the goal or purpose for which the information is sought, and set forth the conditions that will be used to evaluate whether a proposed Answer is due to be accepted. A Bounty has a “Deadline,” after which the information is worthless to the Asker. Bounties are crowdfunded and have a "Minimum," a minimum amount of money required to be raised. At least for the initial version of the Site, and until further notice, no Bounty may be published to the Site without being specifically reviewed and approved by WeSearchr.
As described in greater detail below, when a “Researcher” provides the “Answer” called for by a particular Bounty, both that Researcher and the Asker may receive a financial reward.
After an Asker publishes a Bounty, anyone in the world can be a “Contributor” by donating money towards a particular Bounty. Anyone in the world can be a Researcher by creating an account and submitting a proposed Answer to a Bounty (i.e. information, documents, audio, video, or other evidence believed to fulfill the conditions of the Bounty).
When the Minimum is reached, WeSearchr will start forwarding proposed Answers to the Asker. The Asker will then review what has been received and determine if any proposed Answer fulfills all of the conditions of the Bounty.
If an Answer is chosen by the Asker and approved by WeSearchr, the Asker has the right to publish it in the outlet of the Asker's choice.
Once the story has been published, WeSearchr will wait 30 days to ensure that no one has been hoaxed, after which the Bounty award will be distributed. 75% of the money raised goes to the Researcher, who provided the Answer; 10% goes to the Asker for publishing and promoting the Bounty; and WeSearchr keeps the remaining 15% for site costs, payment processing, and overhead.
All right, title, and interest in and to the Services are and will remain the exclusive property of WeSearchr. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the WeSearchr name or any of the WeSearchr trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
In order to be an Asker, Contributor, or Researcher, or to use certain of the other Services, you may be required to register, choose an account user name (“User ID”), and select a password. Although your User ID does not have to be your real name or contain any reference to your true identity, you are not permitted to select as your User ID another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are at least 18 years old and old enough to enter into a binding contract where you live.
You are responsible for all the activity on your account and for your keeping your password confidential. For your own security, we recommend that you use a long, unique password consisting of a mix of upper- and lower-case letters, numbers, and symbols.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for all activity associated with your account.
The term "User Content" means any information, text, graphics, video, or other material of any kind whatsoever that you post on the Site or otherwise submit to us. This term includes within its scope (without limiting the generality of the foregoing) both (i) anything that an Asker posts to the Site or otherwise submits to us in order to initiate or oversee a Bounty; and (ii) anything that a Researcher submits to the us as a proposed Answer to a Bounty or in connection therewith.
You represent, warrant, and agree that you will not contribute any User Content or otherwise use the Services in a manner that:
On the other hand, if a Researcher submits User Content as part of a proposed Answer to a Bounty that is deemed, by either the applicable Asker or WeSearchr, in their unfettered discretion, not to fulfill all of the conditions of a Bounty ("Rejected Answer Content"), then the Asker is required to keep the Rejected Answer Content strictly confidential and to refrain from publishing, using, or otherwise exploiting the Rejected Answer Content.
When a Contributor makes a contribution towards a Bounty, funds will be immediately charged from such Contributor's account and paid towards the Bounty. If the Minimum is met and an Answer that—in the unfettered discretion of the Asker and WeSearchr—fulfills all of the conditions of the Bounty, then WeSearchr shall be entitled to disperse the funds in order to compensate the Researcher and Asker and to collect WeSearchr’s fees, as described with greater specificity below. Under no circumstance shall Contributors have any right to review the Accepted Answer Content in order to make a separate evaluation of whether the conditions of the Bounty have been met.
If, by the Deadline, the Minimum has not been reached and/or no Answer has been submitted satisfying all of the conditions of the Bounty, then Contributors who have registered a User ID will be permitted to reallocate the amount of money that they donated to some other Bounty of their choice. Similarly, if an Answer is submitted that originally appeared to satisfy all of the conditions of the Bounty, but that is discovered within the 30 days after publication to have been a hoax, then Contributors who have registered a User ID will be permitted to reallocate the amount of money that they donated to some other Bounty of their choice.
Contributors who have not registered a User ID acknowledge that in the event of the Bounty Minimum not being reached and/or no Answer being submitted satisfying all of the conditions of the Bounty and/or the Bounty discovered to be a hoax and retracted, the amount of money they donated will be reallocated to some other Bounty of WeSearchr’s choice.
If, after considering alternative Bounties, a Contributor who has registered a User ID cannot find another Bounty to which the Contributor wishes to reallocate his donated funds, then such Contributor may request a refund. Although WeSearchr will endeavor to honor all refund requests, WeSearchr will only be required to refund to a Contributor who has registered a User ID 85% of the amount that such Contributor originally donated. WeSearchr will be deemed to have earned and be entitled to keep the remaining 15%. WeSearchr shall be allowed up to 30 days in order to process refund requests. Contributors who have not registered a User ID waive their right to request a refund.
Researchers, Askers, and Contributors that use PayPal in connection with the Services acknowledge and agree to comply with PayPal's Crowdfunding and Acceptable Use Policies. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
If a proposed Answer to a Bounty is deemed by both the applicable Asker and WeSearchr, in their unfettered discretion, to fulfill all conditions of the Bounty, then such Researcher shall be provisionally entitled to receive 75% of the funds that Contributors have donated to that Bounty; provided, however, that such right to receive payment is subject to the further conditions that (i) the Researcher keep the Accepted Answer Content strictly confidential until 14 days after the Researcher has been notified that the Asker has published a story utilizing the Accepted Answer Content; and (ii) a full 30 days elapses after publication by the Asker without WeSearchr determining, in its unfettered discretion, that the Researcher has perpetrated a hoax. If the foregoing further conditions are not both satisfied, then the Researcher shall not be entitled to receive the compensation set forth above or any portion thereof.
When multiple Researchers have submitted Answers have are deemed by both the applicable Asker and WeSearchr, in their unfettered discretion, to fulfill the conditions of a Bounty, and when the other conditions set forth in the preceding paragraph have also been fulfilled, 75% of the funds that Contributors have donated to the Bounty may be split among the Researchers in such proportions as WeSearchr, in its discretion, may deem appropriate.
If and when payment is remitted to the Researcher in the amount of 75% of the funds contributed to a Bounty, then payment shall also be remitted to the Asker who initiated the Bounty in the amount of 10% of the funds contributed to such Bounty, with the remaining 15% to be kept by WeSearchr. Additionally, as stated elsewhere in these Terms, WeSearchr shall likewise be entitled 15% of all donated funds that are the subject of a proper refund request.
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
You are prohibited from interacting with the Site or using any of the Services in order to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, WeSearchr reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
WeSearchr makes no representation that this Site, the content of this Site, or the Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you represent, warrant, and agree that you are: (i) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time; and (ii) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if any Bounty, or any contribution towards such Bounty's Minimum, is deemed to be in violation of Export Laws.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. However, we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves as we sees fit.
Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, WESEARCHR DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, timeliness, security, or reliability of the Services. We likewise make no warranty and disclaim all responsibility and liability for the truth, completeness, accuracy, newsworthiness, or right to publication of any information contained in any Accepted Answer Content. You also agree that WeSearchr has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Site or in connection with the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No information, whether oral or written, obtained from WeSearchr from the Site or in connection with the Services will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESEARCHR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REPUTATIONAL HARM, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR INVOLVED WITH THE PROVISION OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WESEARCHR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESEARCHR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (i) $100 OR (ii) THE AMOUNT THAT YOU HAVE CONTRIBUTED TO ANY BOUNTY OR OTHERWISE PAID TO WESEARCHR IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOU GAVE US NOTICE OF YOUR CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or to User Content that you–or someone using your account–posted on the Site or otherwise submitted to us, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
The Services may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms. Copyrights to any and all open source software are held by the respective copyright holders indicated therein.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.
PLEASE READ THIS SECTION CAREFULLY: IT MAY SUBSTANTIALLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
If a dispute arises between you and us, you agree to provide us with notice of the dispute via email to [email protected]. Upon our receipt of the notice, the parties shall have a period of sixty (60) days to attempt to resolve the dispute informally before either may resort to the other alternatives described in this section of the Terms.
With the exception of class actions (which are further discussed below), any dispute of any kind between you and WeSearchr arising under these Terms or in connection with your use of the Services ("Dispute"), if unresolved through informal discussions within sixty (60) days of receipt of notice, shall be resolved by binding arbitration.
The arbitration of any Dispute shall take place in Fresno County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property, privacy, publication rights, or such other area(s) of law as may be implicated by the Dispute, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such such rules. The JAMS rules are available at www.jamsadr.com. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from a court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state courts located in Fresno County, California, or else the federal courts located in the Eastern District of California. YOU UNDERSTAND AND AGREE THAT YOU AND WESEARCHR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
The parties agree that they will resolve their Dispute on an individual basis, and that any claims arising under the Terms or in connection with the Services must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The parties further agree that they shall not participate in any class action (existing or future) brought by any third party arising under these Terms or in connection with the Services. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in the state courts located in Fresno County, California, or else the federal courts located in the Eastern District of California.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
The failure of WeSearchr to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms are the entire and exclusive agreement between WeSearchr and you regarding the Services, and these Terms supersede and replace any prior agreements between WeSearchr and you regarding the Services.
If you believe that any content appearing on this Site infringes your copyright rights, we at WeSearchr want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
9931 Gidley St
El Monte, CA 91731
Email: [email protected]
WeSearchr seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.