Terms of Service

Click on a sub-section to expand its contents below.

I. FUNDAMENTALS

  1. The "Site" is DemandVille.com
  2. A "User" is anyone who has visited the Site. A User can represent an individual, corporation, or other entity.
  3. A "Project" is the proposal for a product or service posted by the User on the Site. It includes all material related to the proposal on the Site, including subsequent edits to said material. Projects fall into two categories:
  1. "Paid Projects" are Projects in which the Maker has elected to collect funds in the form of Pre-Orders (defined below).
  2. "Feedback-Only Projects" are Projects in which the Maker has elected not to collect funds.
  1. A "Campaign" is the period in which the Project is accepting feedback from other Users. Campaigns fall into two categories:
  1. "Paid Campaigns" are for Paid Projects. A Paid Campaign's end date is set by the Maker within limits set by the Site.
  2. "Feedback-Only Campaigns" are for Feedback-Only Projects. Feedback-Only Campaigns have no end date.
  1. A "Maker" is the User who submitted the Project.
  2. A "Certified Maker" is a Maker who has been certified by the Site. If a Maker is a Certified Maker, the Certified Maker status will appear on the Maker's profile on the Site.
  3. A "Feature" specifies details about the Project. Features fall into two categories:
  1. An "Adopted Feature" is a Feature that the Project's Maker declares is essential in order to properly create, design, produce, or otherwise execute the product or service described by the Project. All Features submitted by the Maker are Adopted Features by default.
  2. A "Proposed Feature" is a Feature authored by a User other than the Maker. The Maker uses the Site to declare a Proposed Feature to be an Adopted Feature.
  1. "Posted Material" means any material posted on the Site related to a Project. Posted Material includes, but is not limited to, comments and Features.
  2. A "Trendsetter" is a User who contributes to a Project in the form of Posted Material, a Vote (defined below for Feedback-Only Projects), and/or a Bid (defined below for Paid Projects).
  1. Site content, such as the Site logo, is the property of the Site and cannot be used without the Site's expressed written consent.
  2. User's Posted Material shall not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless User has permission from the rightful owner of the material and is legally entitled to post the material and to grant the Site all of the license rights granted herein.
  3. User agrees to hold Site harmless in any disputes with other Users or third parties arising from or relating to use of the Site.
  4. The Site reserves the right to reject or delete Projects and Posted Material for any reason, including but not limited to:
  1. Inappropriate content
  2. Content that the Site determines reflects badly on the Site
  3. Content that infringes patents or contains copyrighted material
  4. Duplicate content
  5. Spam
  1. An initial acceptance of a Project or of Posted Material does not preclude the Site from future rejection and removal of the material.
  2. Original content posted on a Project by a Maker is the Maker's own property, but the Maker grants the Site the right to use it for any purpose associated with the Site. Posted Material from other Users belongs to the Site.
  3. The User understands that a record is kept of all past and present versions of Posted Material, including: (1) the wording of the Project, (2) Features (Adopted or Proposed), and (3) all other Posted Material, including any edits and deleted material.
  4. The User understands that, according to current US Federal patent law, an inventor has just one year to patent an idea after disclosing it publicly. The User also understands that Posted Material on this Site represents public disclosure.
  5. Upon failure to abide by any Terms of Service listed in this document, the Site reserves the right to do any of the following:
  1. Reclaim any funds present in the User's Site Account;
  2. Terminate the User's Site Account;
  3. Terminate the User's Site Account with no possibility of reinstatement;
  4. Remove any content from the Site contributed by the User;
  5. Continue to use any content contributed by the User;
  6. Revoke a User's Maker status for any Project.
  1. If the User fails to abide by any term set forth in this document, the User will be held liable in any resulting legal action. User agrees to pay any legal fees incurred by DemandVille in any such action. User further agrees to compensate DemandVille for time that DemandVille's employees spent addressing such legal action.

II. FEEDBACK-ONLY CAMPAIGNS

  1. A Trendsetter can provide feedback on Projects by commenting on them or their Features.
  2. A Trendsetter can also "Vote" on Features by marking them in one of three ways:
  1. "yes": declares that the Feature should be fulfilled.
  2. "no": declares that the Feature should not be fulfilled.
  3. "don't care": does not have an opinion on the Feature.
  1. A Trendsetter can change or retract Posted Material (including votes) at any time.

III. PAID CAMPAIGNS

  1. A "Unit Price" is the lowest unit price for which a Maker will fulfill a Pre-Order for the associated Project. The maker can suggest a Unit Price during the project, but does not have to declare one until the end of the Campaign.
  2. A "Pre-Order" is a User's monetary pledge to buy, at a specific price point, a product or service described by a particular Project. An individual Pre-Order may include a request for multiple copies of the product or service. Pre-Orders are also placed through the Site.
  3. A "Unit Price Bid" is associated with a specific User's Pre-Order and represents what said User would pledge to buy one instance of the product or service associated with that Pre-Order.
  4. A "Bid" is the monetary commitment tied to a particular Pre-Order. If a Bid is associated with a Pre-Order, the Bid is equal to the User's Unit Price Bid multiplied by the number of units the User is requesting.
  5. A "Bidder" is a Trendsetter who contributes to a Project in the form of a Pre-Order.
  6. A "Feature Condition" is the relationship between a Bidder's Pre-Order and a Feature. A Bidder uses the Site to associate Features with his Bid. A Bidder can mark a Feature in one of three ways:
  1. "must have": declares that the Feature must be fulfilled.
  2. "can't have": declares that the Feature must not be fulfilled.
  3. "don't care": does not place a condition on the Feature.
  1. Until the end of a Project's Campaign, a Bidder may change its Feature Conditions, change the Unit Price Bid, and even retract the Pre-Order.
  1. When a Campaign ends:
  1. Said Project will no longer accept new Bids or Posted Material.
  2. A Bidder may no longer retract a Pre-Order or change the associated Unit Price Bid.
  3. The Maker can decide to collect Pre-Orders and (if Pre-Orders are to be collected) decide on the Final Unit Price and Adopted Features.
  4. The Maker believes it is capable of executing, or managing the execution of, a Project's Adopted Features and fulfilling all Compatible Pre-Orders (defined below).
  1. A "Final Unit Price" is the Unit Price decided on the Maker when the Project is Finalized.
  2. When a Project is Finalized:
  1. The ability to edit or delete Posted Material will be disabled for said Project.
  2. The ability to adopt a Feature as an Adopted Feature will be disabled for said Project.
  3. The ability to unadopt an Adopted Feature will be disabled for said Project.
  1. A "Compatible Pre-Order" is a Pre-Order that is compatible with a Finalized Project. A Pre-Order is a Compatible Pre-Order if all of the following conditions are met:
  1. The Pre-Order has an associated Unit Price Bid that is greater than or equal to the Maker's Final Unit Price.
  2. Every "must have" Feature Condition has an Adopted Feature agreeing to fulfill it.
  3. No "can't have" Feature Condition has an Adopted Feature agreeing not to fulfill it.
  1. When a Project is Finalized and Pre-Order are to be collected, every Compatible Pre-Order becomes a "Required Pre-Order". The Maker is obligated to fulfill all Required Pre-Orders.
  1. A Project's "Total Collected Funds" are the funds that the Site collects from the Project's Bidders at the end of the campaign.
  2. A "Subsequent Order" refers to a purchase of a product or service described by a Project occurring after a Maker is selected. A Subsequent Order may include a request for multiple copies of the product or service. Subsequent Orders are placed through the Site.
  3. "Total Collected Fees" represents the portion of Total Collected Funds allocated for distribution to third party payment systems.
  4. "Total Collected Shipping & Handling" represents the portion of Total Collected Funds allocated for shipping & handling of physical products. Shipping & handling is only charged to those Users who receive a product. Note that, for Projects that do not represent physical products, Total Collected Shipping & Handling is equal to $0.
  5. A "Site Account" is allocated to every User. Site Accounts can act as a repository for User funds. These funds cannot be refunded directly to the User, but may be accessed at any time to make a Bid, to pay any charges associated with shipping & handling, or to pay any fees associated with third party payment systems.
  6. An "Overbid Amount" on a Pre-Order exists if a Bidder's Unit Price Bid for a Project was greater than the Final Unit Price for said Project. When the Final Unit Price is subtracted from a Bidder's Unit Price Bid, the result is equal to the Overbid Amount for said Bidder.
  7. "Total Overbid Amounts" represents the portion of Total Collected Funds derived from summing all Overbid Amounts that are associated with the Project. Note that, for a Project that does not represent a product or service, Total Overbid Amounts is equal to $0.
  8. "Total Underbid Amounts" represents the portion of Total Collected Funds derived from summing all Bids with an associated Unit Price Bid less than the Project's Unit Price. Note that, for a Project that does not represent a product or service, Total Underbid Amounts is equal to $0.
  9. "Total Price Premiums" represents the portion of Total Collected Funds derived from summing all Price Premiums paid that are associated with the Project.
  10. "Total Distributable Funds" represents the portion of Total Collected Funds that are distributed to Makers and the Site. When Total Collected Fees, Total Collected Shipping & Handling, Total Overbid Amounts, Total Underbid Amounts, and Total Price Premiums are all subtracted from Total Collected Funds, the result is equal to Total Distributable Funds.
  11. "Total Ordered Units" represents the total number of the product or service units that are represented by the Project's Required Pre-Orders and Subsequent Orders. The total shipping & handling required to deliver the Total Ordered Units is equal to the Total Collected Shipping & Handling.
  12. "Total Unfulfilled Units" is equal to the number of Total Ordered Units that still need to be fulfilled by the Maker.
  13. "Total Remaining Funds For Shipping & Handling" is equal to the total shipping & handling required to deliver the Total Unfulfilled Units.
  14. "Percent Of Units Left To Fulfill" is equal to Total Unfulfilled Units divided by Total Units Ordered.
  15. "Total Remaining Distributable Funds" is equal to Total Distributable Funds multiplied by Percent Of Units Left To Fulfill.
  1. A "Declared Fulfillment Deadline" is the date by which a Maker declares will fulfill Required Pre-Orders. A Declared Fulfillment Deadline for a Project is declared by a Maker before the Maker is selected as the Project's Maker and must be done through the Site. A Maker may not change his Declared Fulfillment Deadline without permission from the Site.
  2. For each individual Project:
  1. Once a Maker has Finalized a Project, every Compatible Pre-Order becomes a Required Pre-Order.
  2. For each Required Pre-Order:
  1. The Bidder is required to pay its entire Bid to the Site plus all of the following:
  1. all shipping (physical products only),
  2. all handling (physical products only), and
  3. all fees from third party payment systems.
  1. If the Bidder's Unit Price Bid is greater than the Maker's Unit Price, the Overbid Amount is placed into said Bidder's Site Account.
  1. Total Distributable Funds are equal to the number of units requested by the Required Pre-Orders multiplied by the Maker's Unit Price.
  2. The Maker receives 95% of Total Distributable Funds.
  3. For Pre-Orders that do not meet the necessary conditions of a Required Pre-Order:
  1. Neither the Site nor the Maker is obligated to provide the Pre-Order's associated Bidder with the product or service described by the Project
  2. If the Pre-Order has an associated Unit Price Bid that is less than the Maker's Unit Price:
  1. The full amount pledged by the Bidder is placed into the Bidder's Site Account.
  1. If the Pre-Order has an associated Unit Price Bid that is greater than or equal to the Maker's Unit Price, but is not a Compatible Pre-Order due to non-compatibility with Feature Conditions:
  1. The Bidder's Bid is never collected by the Site.
  1. After a Project is Finalized, a User may still purchase a product or service described by the Project if:
  1. Using the Site, the Maker has indicated that additional orders will be accepted.
  2. For each unit the User purchases, the User agrees to pay the Project's Unit Price to the Site plus all of the following:
  1. a "Price Premium" equal to 20% of the Project's Unit Price (unless the User had previously pre-ordered the product or service)
  2. all shipping (physical products only),
  3. all handling (physical products only), and
  4. all fees from third party payment systems.
  1. After a Project is Finalized, whenever a User purchases a product or service described by the Project, the Maker receives 95% of the Unit Price and any money collected from the user for shipping & handling.
  1. The Site cannot guarantee delivery of the product or service described by a Project, and all Users free the Site of any such liability.
  2. If a Maker fails to deliver one or more Required Pre-Orders for the Project before the Declared Fulfillment Deadline, then the following will apply:
    1. Any User who paid fees associated with third party payment systems will not be reimbursed for those fees.
    2. Any User who (a) paid a Price Premium for a product or service associated with the Project and (b) never received the product or service will have the amount of the Price Premium added to said User's Site Account.
    3. The Maker must return to the Site the amount defined by the Total Remaining Funds For Shipping & Handling.
    4. The Maker must return to the Site the product of (a) all money collected as a result of said collected percentage, multiplied by (b) Percent Of Units Left To Fulfill.
    5. If the Site is successful in reclaiming all money received from the Project's Total Remaining Funds For Shipping & Handling, then:
    1. Any User who (1) paid shipping and handling to receive a physical product described by the Project and (2) never received the physical product will have the full amount the User paid for shipping and handling added to said User's Site Account.
    1. If the Site is only partially successful in reclaiming all money received from the Project's Total Remaining Funds For Shipping & Handling, then:
    1. Any User who (1) paid shipping and handling in order to receive a physical product described by the Project and (2) never received the physical product will have a percentage of the amount the User paid for shipping and handling added to said User's Site Account. This percentage will be equal to the percentage of the Project's Total Remaining Funds For Shipping & Handling that was successfully reclaimed.
    1. If the Site is successful in reclaiming all money from those that collected a percentage of the Project's Total Distributable Funds, then:
    1. For each Bidder who (1) never received the product or service described by the Project and (2) submitted a Bid that was collected for the Project, the Site will reset the Bid to the level it was when the outgoing Maker was selected. In doing so:
    1. The Site will deduct any money from the Bidder's Site Account that was put there due to: 1.) an Overbid Amount related to the User's Bid for the Project or 2.) a Unit Price Bid that was less than the Project's Unit Price.
    2. Bids that were reset will not be permitted to be changed.
    1. Any User who (1) never received said product or service and (2) purchased said product or service after the outgoing Maker was selected will henceforth be declared a Bidder with:
    1. a Unit Price Bid equal to the Unit Price and
    2. a Bid equal to said Unit Price multiplied by the number of units purchased.
    1. The Project will be retained on the Site and remain in Finalized state, but will become inactive.
    1. If the Site is only partially successful in reclaiming all money from those who collected a percentage of the Project's Total Distributable Funds, then:
    1. Any User who never received the product or service described by the Project and either (1) submitted a Unit Price Bid greater than or equal the Declared Unit Price and had his Bid collected or (2) purchased said product or service after the Campaign will have a percentage of the Project's Declared Unit Price added to said User's Site Account. This percentage will be equal to the percentage of the Project's Total Remaining Distributable Funds that was successfully reclaimed.

IV. CHANGES TO TERMS OF SERVICE

  1. The Site reserves the right to change these terms and conditions at any time without the consent of the User. A User may not change the terms without the express written consent of the Site.