Effective November 19th, 2017
In these Terms, we refer to those raising funds as "Campaign Owners" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions." Campaign Owners, Contributors and other visitors to the Services are referred to collectively as "Users."
Indiegogo is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale. Indiegogo makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Indiegogo does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Indiegogo, Inc. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Indiegogo reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it's just plain phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Campaign Owners must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Campaign, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of Indiegogo, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.
Political campaigns, electoral campaigns, and campaigns run by PACs (Political Action Committees) are also prohibited on Indiegogo.
Campaign Owners are not permitted to offer or provide any of the following as a Perk or offer:
Indiegogo is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
Indiegogo reserves the right to remove Campaigns and terminate User Accounts for such activities.
Campaign Owners are not permitted to do any of the following with Campaign images:
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). Indiegogo does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivery of any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding Contributions. Please note that if Campaign funds have been disbursed to the Campaign Owner, then it is the Campaign Owner's responsibility to issue refunds to Contributors.
Indiegogo is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, Indiegogo is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner's contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Indiegogo immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Indiegogo may reasonably request and to answer truthfully and completely any questions Indiegogo might ask you in order to verify such User's identity.
Indiegogo grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.
With the exception of User Content (defined in the User Content paragraph below), all content made available through the Indiegogo platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of Indiegogo or other Campaign Owners and is protected by United States and international intellectual property laws.
The trademarks INDIEGOGO®, FUNDED WITH INDIEGOGO®, TOGETHER DO ANYTHING® and GENEROSITY® are federally registered trademarks owned by Indiegogo, Inc. Users are strictly prohibited from registering domain names, social media accounts, user names, handles, trademarks, copyrights, apps, trade names, or corporate names that incorporate any of Indiegogo’s trademarks or are confusingly similar to any of Indiegogo’s trademarks.
Campaign Owners are permitted to offer Perks to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). This commitment includes shipping Perks to Indiegogo Contributors before fulfilling any orders received after the Campaign has ended. For Campaign Owners participating in programs with our retail partners, failure to ship orders to Indiegogo Contributors first may result in removal from such retail partnership programs.
Campaign Owners will respond promptly and truthfully to all questions posed to them by Indiegogo or any Contributor. Campaign Owners will provide substantive and quality updates at least once a month to their Contributors. Failure to do so may result in punitive actions taken on the Campaign. If any Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions.
Your location as reflected on your Campaign page must match your legal residence that you submit to Indiegogo when you create the Campaign. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in Indiegogo removing the Campaign(s) from Indiegogo, and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds. Indiegogo will not be required to disburse Campaign funds to any third parties.
Indiegogo may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Indiegogo’s review of the fulfillment status of prior crowdfunding obligations. Indiegogo reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior crowdfunding project on Indiegogo or another platform.
If the amounts raised by a Campaign on Indiegogo exceed a certain threshold, and/or a Campaign has a high number of refunds or chargebacks (each as determined by Indiegogo in its sole discretion), Indiegogo may withhold a percentage of the Campaign funds for period of time as determined by Indiegogo in its discretion and in accordance with Campaign reviews. Indiegogo will manage all refunds during this time. The minimum goal set by a Campaign Owner must be at least $500. This is applied to Campaigns with either Fixed or Flexible funding.
You acknowledge that as a Campaign Owner, if you do not act in accordance with Indiegogo’s Terms, Indiegogo may obtain reimbursement of any amounts owed by a Campaign Owner to Indiegogo by holding funds from your Campaign, or from the connected Stripe or bank account associated with your Campaign, or by seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections services.
“Confidential Information”shall include (i) all documents and verbal communications which relate to the products or businesses of either party and which (A) are disclosed by disclosing party to the receiving party, and (B) are confidential and proprietary to a party, (ii) the contents of this Agreement including, but not limited to, a description of the Services, (iii) the fees payable to Indiegogo hereunder, (iv) Backer personal information.
a. Each party agrees not to disclose such Confidential Information to others (except its employees and subcontractors who reasonably require same for the purposes hereof and who are bound by a like obligation as to confidentiality) or to use it for purposes other than internally as necessary to perform its obligations under this Agreement, without the other party’s express written permission, except when Confidential Information received from Indiegogo (i) can be demonstrated by written records to be known to Campaign Owner at the time of receipt without restriction, (ii) was subsequently otherwise legally acquired by Campaign Owner from a third Party having an independent right to disclose the information without restriction, (iii) is now or later becomes publicly known without breach of this Agreement, Statement of Work, or any other agreement, (iv) is required to be disclosed by order of a court, administrative agency, or other governmental body provided that Campaign Owner has given reasonable advance notice to allow Indiegogo the opportunity to seek a protective order or otherwise prevent or limit such disclosure or (v) is or has been independently developed by employees of Campaign Owner without reference to the Confidential Information, and such development can be substantiated in writing. Campaign Owner’s obligations of confidentiality and non-use shall be in force during the term of the Agreement or any applicable Statement of Work and any extension thereof and shall extend for a period of three (3) years from the expiration or termination of the Agreement.
2) EU Data Protection Compliance. If Campaign Owner Accesses Personal Information that originated in the EU, all of the following will apply:
a) Access to EU-Originated Personal Information from Non-Adequate Countries or Industry Sectors. To the extent Campaign Owner will access Personal Information that originated in the EU from a country or industry sector that is not the subject of a formal adequacy finding of the European Commission, Campaign Owner will ensure the lawfulness of cross-border Personal Information transfers by doing one of the following, at Indiegogo’s discretion: (i) entering into an agreement with Indiegogo based on the European Commission's standard contractual clauses; (ii) implementing fully approved binding corporate rules (BCRs) and taking such steps as are required to ensure that the Personal Information is protected by those BCRs; or (iii) where applicable, certifying Campaign Owner’s compliance to the EU – US Privacy Shield and complying with its relevant principles. In this Agreement, “Personal Information” has the same meaning as “Personal Data” under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
b) Transfers Under the EU - US Privacy Shield. Indiegogo is certified under EU-US Privacy Shield, Campaign Owner will: (i) provide at least the same level of protection for Personal Information as is required by the relevant principles of the EU - US Privacy Shield; (ii) comply with Parts A and B of the IPA for as long as Campaign Owner has Access to Personal Information that originated in the EU; and (iii) where Campaign Owner permit a Third Party Campaign Owner to Access Personal Information that originated in the EU, require the Campaign Owner to provide at least the same level of protection as is required by the IPA and the relevant principles of the EU-US Privacy Shield.
c) All Data Processors. To the extent Campaign Owner is a “Data Processor” (as defined in The Directive) that will access Personal Information that originated in the EU, Campaign Owner will only access Personal Information in accordance with Indiegogo’s instructions.
Data Security. In accordance with best industry practices and standards, Campaign Owner will ensure the following:
1) Install and maintain industry-standard security measures for Campaign Owner’s computer systems;
2) Implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect all Confidential Information and personally identifiable information obtained hereunder from unauthorized access, destruction, use, modification or disclosure.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Indiegogo does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Indiegogo does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressely indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the "Service Fees"). By using the Services Users agree to our Service Fees listed here http://go.indiegogo.com/pricing-fees. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Contributors may request a refund from Indiegogo before the end of a Campaign. For Campaigns that have entered the InDemand program, Contributors may request a refund from Indiegogo within 10 days of the contribution. To process your refund please follow these steps.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Indiegogo will ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Indiegogo will provide Campaign Owners with a tax document if required by the relevant taxing authorities.
A Campaign Owner whose Campaign meets its funding goal may elect to continue raising funds after the Campaign ends by participating in the InDemand program ("InDemand"). More details about InDemand and how Campaign Owners can opt in can be found in the InDemand FAQ. All Indiegogo fees and payment options will remain the same; provided that, payment disbursements will be made on a four (4) week cycle. All terms and conditions that apply to Campaigns shall continue to apply once a Campaign enters InDemand. Campaign Owners that have Perks in InDemand will not link to or promote an alternative service or website for contributions or pre-orders within their InDemand pages. Indiegogo may remove a Campaign from InDemand if Perks have not been fulfilled within three (3) months after the estimated delivery date, or if the fulfillment of Perks is delayed indefinitely.
Generosity.com is Indiegogo’s hub for Campaigns related to personal life events, nonprofits and other cause-related fundraising. Users may establish Campaigns on Generosity.com as Campaign Owners, provided that the intent of any such Campaign must be to impact the life of an individual person or charitable organization, or another cause-related initiative. Each Generosity.com Campaign Owner acknowledges and understands that Indiegogo may request additional information as reasonably necessary (as determined in the sole discretion of Indiegogo) to verify or confirm that the Campaign Owner is authorized on behalf of the applicable Generosity.com Campaign beneficiary to raise funds in connection with the applicable Generosity.com Campaign. If Indiegogo determines in its sole discretion that a Campaign does not belong on Generosity.com, then it may relocate such Campaign to Indiegogo.com, or take other action as appropriate.
Terms regarding Experts and the Experts Directory are below:
The “Experts Directory” is a resource provided by Indiegogo for Campaign Owners and other entrepreneurs on the platform. Organizations listed in the Experts Directory may provide various third-party services to a Campaign Owner across a campaign’s lifecycle. An “Expert” is a third party that Indiegogo has reviewed and qualified for display on the Expert Directory. Certain Experts may be designated by Indiegogo as a “Partner”, and will be labelled as such with the word “Partner” on their Experts Directory page for additional featuring.
Any services provided by an Expert to a Campaign Owner are subject to any separate terms agreed-upon between the Campaign Owner and Expert. Indiegogo does not guarantee, and disclaims all liability in connection with, the performance of Experts. Neither Indiegogo nor Experts give any assurance that a Campaign will meet all of its obligations or provide the product or services that it promises to its backers, and shall not be responsible for a Campaign's ability to perform or for any claim or injury resulting in any way from a Campaign's products or services.
Users may create a "Partner Page" on Indiegogo's website to link their brand with one or more Campaigns. If Users create a Partner Page, Users also agree to the Partner Terms. If Users create a Partner Page, they are a “Partner Page Entity.” Indiegogo has no formal relationship with Partner Page Entities, and Indiegogo does not review or qualify Partner Page Entities or the services offered by a Partner Page Entity. .
Indiegogo does not guarantee, and disclaims all liability in connection with, the performance of such Partner Page Entity. Neither Indiegogo nor the Partner Page Entities give any assurance that a Campaign will meet all of its obligations or provide the product or services that it promises to its backers, and shall not be responsible for a Campaign's ability to perform or for any claim or injury resulting in any way from a Campaign's products or services. The Partner Page is separate from the Experts Directory. Terms for the Experts Directory are found in the previously mentioned Experts Directory section of these Terms.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant Indiegogo a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Indiegogo, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion") on the Services without Indiegogo's prior written permission (which may be granted or withheld by Indiegogo in its sole and absolute discretion). Campaign Owners may request permission from Indiegogo by sending an email to firstname.lastname@example.org. Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that: (a) such Campaign Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Indiegogo does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Indiegogo from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Campaign Owner and not to Indiegogo.
Campaigner Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Campaign Owners on Indiegogo are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to operate as a Campaign Owner on Indiegogo, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Indiegogo enabling credit card payment processing services through Stripe, you agree to provide Indiegogo accurate and complete information about you and your business, and you authorize Indiegogo to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. 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 chargeback is filed for a contribution to a Campaign on Indiegogo, the cardholder's financial institution will contact the payment processor for the transaction. The payment processor will then notify Indiegogo of the chargeback. Indiegogo may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies Indiegogo through the payment processor, Indiegogo will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Campaign Owner.
If the disputed transaction has already been disbursed to the Campaign Owner and the Campaign is in InDemand, Indiegogo will hold funds from the Campaign’s disbursement(s) to cover the cost of the chargeback. Once notified of the financial institution’s decision, Indiegogo will take appropriate the action as specified above.
For more information, please see this article.
By using our Services, you acknowledge that Indiegogo reserves the right to attempt to recover or hold funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, a Campaign Owner does not act in accordance with Indiegogo’s Terms, or other situations resulting in negative balances.
We may obtain reimbursement of any amounts owed by a Campaign Owner to Indiegogo by holding funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, or seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.
Each User agrees to defend, indemnify and hold harmless Indiegogo, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Indiegogo may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Indiegogo and each User agrees to assist and cooperate with Indiegogo in the defense or settlement of any such matters.
Indiegogo has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
INDIEGOGO (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO INDIEGOGO FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INDIEGOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow Indiegogo to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Indiegogo's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Indiegogo does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Indiegogo without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Indiegogo may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in California (the principal place of business and corporate headquarters of Indiegogo); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Indiegogo, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Indiegogo agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Indiegogo as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Indiegogo's support department at support@Indiegogo.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Indiegogo support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Indiegogo will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Indiegogo will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and Indiegogo agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Indiegogo AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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 the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Indiegogo) written notice of your decision to opt out to opt-out@Indiegogo.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Platform; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Indiegogo also will not be bound by them.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Indiegogo merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Indiegogo makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
Users 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"), each User states that such User is: (a) 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 (b) 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 a Campaign is deemed to be in violation of Export Laws.
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree Indiegogo may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by Indiegogo or its Users might be similar or even identical to a submission received by Indiegogo or its Users. When we refer to a "submission" in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the Indiegogo platform or to Indiegogo about an existing product or service on, or a feature of, or a proposed addition to, the Indiegogo platform.
With regard to User submissions:
(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
(2) Indiegogo and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) Indiegogo and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and Indiegogo regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Indiegogo's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Indiegogo may alter the Terms at any time, so please review them frequently. If a material change is made, Indiegogo may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Indiegogo's sole discretion, in good faith, and using common sense and reasonable judgment.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") or that any User Content infringes such User's intellectual property rights and is accessible the Services, please notify Indiegogo's Legal Department at email@example.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):
The above information must be submitted to the Indiegogo DMCA agent (the "DMCA Agent") by mail and email to the following addresses:
Indiegogo, Inc. Attention: DMCA agent 965 Mission Street, 7th Floor San Francisco, CA 94103-2921 Telephone & Fax: 866-641-4646 Email: firstname.lastname@example.org
If any User (the "Respondent") believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Indiegogo, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
INDIEGOGO WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, Indiegogo has adopted a policy of terminating, in appropriate circumstances and at Indiegogo's sole discretion, repeat infringers.
All subpoenas must be properly served on Indiegogo, preferably by mailing the subpoena to Corporation Service Company, our nation registered agent. Please find below the California address for Corporation Service Company:
Corporation Service Company 2710 Gateway Oaks Drive, Suite 150N Sacramento, California 95833-3502 Attention: Indiegogo, Inc. - Subpoena
Indiegogo does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
Indiegogo, Inc. 965 Mission Street San Francisco, California 94103 email@example.com Attention: Legal Department
January 18, 2008: We added prohibitions on false Project information in "Posting a Project," expanded and clarified the Fundraising Rules in "Project Fundraising," added the section "Funding Accounts," explained that Indiegogo is not responsible for Perks and modified the language relating to tax treatment of Contributions in "Contributing to a Project," and stated again that you must have the rights to post User Content in "User Content."
February 6, 2008: We added the following clarification to the section titled "Contributing to Projects": "You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits Indiegogo's right to enter into agreements or business relationships relating to Projects."
October 6, 2008: We revised the "Project Fundraising" and "Contributing to Projects" sections to state that when a Project does not meet its Campaign Goal, a contributor's options are to make the Contribution to the Project anyway, or have the Contribution returned to the Contributor's Funding Account, and to include an acknowledgment requirement for funded projects.
November 21, 2008: We revised the "Project Fundraising" and "Contributing to Projects" sections to reflect the use of a third-party payment processor to handle Contribution transactions.
May 7, 2009: We added the following clarification to "Project Fundraising" section: "Unless automated by the Processor, Project Funding will be disbursed from the Funding Account to the Project Entity's bank account according to the Project's disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will take place on the Friday immediately following the point the disbursement preference criteria are met."
August 3, 2009: We revised the "Project Fundraising" section to clarify that the funding goal did not have to be the amount of contributions the project owner is looking to raise by the service in total but rather the amount needed to cover a specific phase of the project. We also clarified that 3rd party processing fees are removed from Project Funding upon disbursement.
September 9, 2009: We revised the "Use of Our Service" section to include content creators as well as the "Project Fundraising" section to clarify a project's acknowledgement requirements if it's successful with fundraising.
April 21, 2010: We revised the "Project Fundraising" section to reflect the introduction of cash rewards for achieving campaign goals and deadlines.
May 6, 2010: We added the "You may not use the Service for activities that" statement to the "Use of Our Service" section.
March 5, 2012: We revised the "Project Fundraising" section to reflect the latest processing times for fund transfers.
July 24, 2012: We revised the "Use of Our Service" section to remove that statement that did not permit people from using our site for the sale of certain items before the seller has control or possession of the item.
March 5, 2013: Second Sentence of first paragraph under Limitation of Liability was replaced with "Indiegogo will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement." to correct a scrivener's error and conform with the clear language of the immediately following paragraph.
August 7, 2014: We revised the "Prohibited Perks" section to clarify alcohol related vouchers and air transportation as Perks, and made other conforming changes.
May 21, 2015: We revised the "Campaign Owners" section to clarify promotion of Perks in InDemand.
June 8, 2015: We added a "Prohibited Visual Elements" section to clarify prohibited elements in Campaign images.
June 25, 2015: We added an "InDemand" section to clarify the InDemand program.
July 1, 2015: We updated the "Payment Services" section to reflect our most current payment services practices.
September 1, 2015: We updated the "Refunds", "Disputes between Campaign Owners and Contributors", "InDemand", and "Payment Services" sections to reflect our most current practices.
December 2, 2015: We posted updated language in the "Generosity.com" section to outline Campaign Owner responsibilities.
January 12, 2016: We clarified eligibility criteria to run a campaign on Indiegogo and updated language in our refund and arbitration processes.
April 13, 2016: We updated the "Unsolicited Idea Submissions" section to clarify the rights and responsibilities of Indiegogo and its Users regarding such submissions.
October 14, 2016: We updated the "Payments Services" section to include information and reflect our policy on chargebacks and recovering funds. We also updated our prohibited perks policy to include human remains.
December 6, 2016: We updated our "Campaign Owners" sec